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05-06-97 Regular DELRAY BEACH CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING lll.lmericaCity :oo ,,,,,,.... COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an in4ivi4ual will be limite4 to three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. Ail comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting May 6, 1997 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: Regular Meeting of April 15, 1997 6. Proclamations: A. Recognizing and commending Leo Erbstein, Major of the Citizens Observer Patrol, selected as the Allstate Good Hands Florida Volunteer of the Year for Public Safety. B. National Safe Boating Week - May 17-23, 1997 C. National Historic Preservation Week - May 11-17, 1997 D. Code Enforcement Officers' Appreciation Week - June 16-20, 1997 OF NOTE: E. Recognizing and commending Leon M. Weekes for receiving the Distinguished Citizen Award from the Boy Scouts of America. F. National Nursing Home Week - May 11-17, 1997 7. Presentations: A. Delray Citizens for Delray Police (Perry DonFrancisco) in recognition of the Del-Aire Annual Charity Golf Tournament 8. Consent Agenda: City Manager recommends approval. A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD EXPENDITURES: Ratify various expenditures approved by the SCRWTD Board at its meeting of April 17, 1997. B. FINAL PLAT APPROVAL/DIALYSIS CENTER OF DELRAY BEACH: Approve the final boundary plat for the Dialysis Center of Delray --2-- Regular Commission Meetiqg May 6, 1997 Beach, being a replat of a portion of Lots 13 and 14, Breezy Ridge Estates, located on the north side of West Atlantic Avenue. C. ALLOCATION OF INTEREST EARNINGS/EAST ATLANTIC AVENUE BEAUTIFI- CATION PROJECT: Approve the use of interest earnings from the 1993 Water and Sewer Revenue Bond Construction Fund (#440-0000- 361-10.00) to offset the negative balance of $150,600.80 on the East Atlantic Avenue Beautification Project; pending possible partial reimbursement from ISTEA grant and contractor closeout. D. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve and authorize issuance of a funding subsidy totaling $17,122.60 for an eligible applicant under the Delray Beach Renaissance Program ($12,022.60 from HOME Account No. 118-1923-554-83.01, and $5,100.00 from SHIP Account No. 118-1924-554-83.01). E. AGREEMENT AND GENERAL RELEASE WITH JOHN LOMB.ARD/FIRE DEPARTMENT TRAINING: Approve an Agreement and General Release between the City and John Lombard, as Owner, for the use of property located at 2315 North Swinton Avenue for fire rescue training exercises. F. RESOLUTION NO. 37-97: Adopt a resolution requesting funding assistance from the Florida Department of Environmental Protection for the state share of funds to implement the Beach Nourishment Project as detailed in the Long Range Beach Erosion Control Budget Plan. G. RESOLUTION NO. 38-97: Adopt a resolution encouraging the Florida Department of Transportation to construct and operate a weigh station on Interstate-95 in Martin County in an effort to encourage truck traffic to travel on the Florida Turnpike as an alternative to 1-95 in South Florida. H. CHANGE ORDER ~1 AND FINAL PAYMENT/COMMUNITY ASPHALT COMPANY: Approve deduct Change Order #1 (Final) in the amount of $3,474.04, and final payment in the amount of $18,946.33 to Community Asphalt Company for completion of the 1996 street resurfacing project, with funding from 334-3162-541-63.10. I. CHANGE ORDER #1 AND FINAL ~A.YMENT/FL~RDRIVES OF DEL .RAY, INC.: Approve Change Order #1 in the net add amount of $2,525 and final payment in the amount of $7,986.67 to Hardrives of Delray, Inc. for completion of the Merrit Park .parking area, with funding from 334-4120-572-63.10. J. AUTHORIZATION TO FILE OFFER OF JUDGMENT/ELIZABETH FJ~RTMANN AND MILTON FJ~RTMANN V. DELRAY HARBOR CLUB AND THE CITY OF DELRAY BEACH: Authorize the City Attorney to file an offer of judgment in the referenced matter. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic --3-- Regular Commission Meeting May 6, 1997 Preservation Board during the period April 14 through May 2, 1997. L. AWARD OF BIDS AND CONTRACTS: 1. Bid awards through the Community Development Block Grant Program; to Henry Haywood for housing rehabilitation projects at 40 S.W. 9th Avenue in the amount of $11,749.50, and at 609 S.W. 5th Avenue in the amount of $16,737.00; to Craftsman Plus, Inc. for housing rehab at 207 S.W. 9th Street in the amount of $8,809.50, with funding from 118-1963-554-49.19. 2. Purchase award via Florida State Contract #250-040-96-1 to Dell Computer Corp. for Dell Local Area Network (LAN) server, including support for 3 years, in the amount of $18,075 from 001-1811-513-64.11. 3. Purchase award to Oracle, sole source provider, for Access Manager and Transparent Gateway Database Integration Software to support the City's existing Hansen software, in the amount of $27,748 from 441-5161-536-66.10 through budget transfer from 441-5161-536-63.90. 4. Purchase award to Data Flow Systems, Inc., sole source provider, to convert the frequency of the wastewater collection telemetry system radios to avoid interference with Florida Power and Light's radio signal, in the amount of $11,425 from 442-5178-536-46.20 through budget transfer from 441-5178-536-61.36. 5. Purchase award to Westinghouse Audio Intelligence Devices, Inc., for a one-ton cargo mobile survellance systems van for the Police Department, in the amount of $76,863 with $54,000 from 001-2115-521-64.20 and $22,863 from 501-3312- 591-64.20. 9. Regular Agenda: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION: Consider an appeal of the SPRAB approval of a site plan modifi- cation for the Camino Real/Holiday Inn Hotel, located at the northwest corner of Atlantic Avenue and A1A. QUASI-JUDICIAL PROCEEDING B. CONDITIONAL USE REQUEST/EMMANUAL EVANGELICAL LUTHERAN CHURCH: Consider a request for conditional use approval to allow the establishment of a church (Emmanuel Evangelical Lutheran Church of Delray Beach) within the R-1-A (Single Family Residential) zoning district. The subject property is located at the west end of S.W. 6th Street, approximately 130 feet west of the intersection of S.W. 6th Street and S.W. 17th Avenue. QUASI- JUDICIAL PROCEEDING -4- Regular Commission Meeting May 6, 1997 C. CONDITIONAL USE MODIFICATION REQUEST/DELRAY SWAP SHOP. Consider a conditional use modification request associated with the construction of a 22,436 square foot building at the Delray Swap Shop located on the east side of North Federal Highway, approximately 500 feet north of Allen Avenue. QUASI-JUDICIAL PROCEEDING D. RESOLUTION NO. 39-97: Consider approval of a resolution vacating and abandoning a portion of the north/south alley right-of-way lying within Block 28, Town of Delray, but retaining and reserving to the City an easement over the entire area thereof, associated with the Greater Mount Olive Missionary Baptist Church child care center, based upon positive findings. E. SCOPE OF SERVICES/DOWNTOWN TRAFFIC STUDY: Consider a proposed scope of services for the study of traffic in the downtown, including an analysis of the conversion of the one-way pairs to two-way traffic. F. DISTRIBUTION OF FY 97/98 ANTI-DRUG ABUSE ACT GRANT FUNDS: Approve the distribution of FY 97/98 Anti-Drug Abuse Act Grant funds in the amount of $694,332 as recommended by the Criminal Justice Commission Executive Committee, and authorize letter agreeing to the allocation of these funds. G. BID AWARD/PIFER, INC.: Consider a bid award to Pifer, Inc. (second iow responsive bidder) for the purchase of a heavy duty industrial sweeper and transport trailer, in the amount of $34,674 from 501-3312-591-64.20. H. BID AWARD/CORPORATE EXPRESS OF THE SOUTH, INC.: Consider a bid award to Corporate Express of The South, Inc. (second low responsive bidder) for an annual contract for office supplies, at an estimated annual cost of $18,669.07 from various departmental operating budgets. I. CONTRACT ADDITION (C.O. #3)/MURRAY LOGAN CONSTRUCTION INC.: Consider approval of a contract addition (C.O. #3) in the net add amount of $13,100 via the Barrier Island Pump Station contract with Murray Logan Construction Company, Inc. for installation of storm drainage at Morikami Park in conjunction with well construction, and equipment rental to remove sludge in clarifiers #2 & 3 at the Water Treatment Plant; with funding in the amount of $11,500 from 440-5179-536-63.61, and $1,600 from 441-5122-536-34.90. J. OFFER OF SETTLEMENT/ARNOLD BEIZER V. OFFICER THOMAS JUDGE: Consider a settlement offer in the referenced matter. K. OFFER OF SETTLEMENT/JENNIFER LYN MORRIS V KEN YOUNG AND CITY OF DELRAY BEACH: Consider a settlement offer in the referenced matter. -5- Regular Commission Meeting May 6, 1997 10. Public Hearings: A. ORDINANCE NO. 21-97~ (SECOND READING/SECOND PUBLIC HEARING) An ordinance amending Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.20, "Industrial (I) District", Section 4.4.21, "Community Facilities (CF) District", Section 4.4.26, "Light Industrial (LI) District", Section 4.4.27, "Open Space and Recreation (OSR) District", Section 4.3.3, "Special Require- ments for Specific Uses", and Appendix A, "Definitions", of the Land Development Regulations to provide for the regulation of telecommunication towers and antennas. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 22-97: An ordinance rezoning a 1.415 acre parcel of land from A (Agricultural) to RM (Medium Density Residen- tial) District. The subject property is located on the north side of Old Germantown Road, east of the Spanish Wells condominium development. If passed, a quasi-judicial public hearing will be scheduled for May 20, 1997. B. ORDINANCE NO. 23-97: An ordinance amending Section 4.3.4, "Base District Development Standards", of the Land Development Regulations to eliminate conflicting language which requires platting to separately convey duplex units. If passed, a public hearing will be scheduled for May 6, 1997. 13. Co~u~ents and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- WHEREAS, Leo Erbstein has been a constant presence in the expansion and development of the Delray Beach Police Department's Volunteer Program for the past seven years and is now Major of the Citizens Observer Patrol; and WHEREAS, in recognition of his tireless dedication and unswerving commitment to reducing crime and to serving his community through volunteerism, Mr. Erbstein has been selected as the Allstate Good Hands Florida Volunteer of the Year for Public Safety from nominees throughout the state of Florida. He was honored by the Florida Commission on Community Service at the annual awards ceremony in Tallahassee; and WHEREAS, Leo Erbstein is also the recipient of the JC Penney Golden Rule Award, presented by the Volunteer Services, United Way of Palm Beach County and JC Penney, which includes a $1,000 award for the volunteer program; and WHEREAS, Leo is now in contention for the national award, to be presented in June 1997, in which he and the Delray Beach Police Department are eligible for a $10,000 award. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend MAJOR LEO ERBSTEIN for his dedication and devotion to the success of the Delray Beach Police Volunteer Program. Mr. Erbstein exemplifies that an individual can make a difference and improve the quality of life in a community. Further, he is committed to leading the Delray Beach Police Department Volunteer Program's crime fighting efforts into the 21st century. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of May, 1997. MAYOR JAY ALPERIN SEAL WHEREAS, hundreds of lives could be saved each year by wearing life jackets and the law requires that wearable life jackets be carried for each person on board a boat; and WHEREAS, responsible boaters will learn the local boating regulations, master the "rules of the road", not drink alcohol and boat, wear their life jacket and respect fellow boaters; and WHEREAS, the United States Coast Guard Auxiliary Flotilla 54 provides safe boating instruction for all ages in order to prevent boating accidents and to teach rescue and survival techniques in case one does occur; and WHEREAS, boaters nationwide are wearing their life jackets this week and year around to recognize National Safe Boating Week with the theme, "Life Jackets. They Float. You Don't". NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 17 through May 23, 1997, as NATIONAL SAFE BOATING WEEK in Delray Beach, and encourage all boaters to wear their life jacket, boat responsibly and enroll in a safe boating class. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of May, 1997. MAYOR JAY ALPERIN SEAL WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "Preservation Begins at Home" is the theme for National Preservation Week 1997, cosponsored by Delray Beach Historic Preservation Board and the National Trust for Historic Preservation. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 11 through 17, 1997, as NATIONAL PRESERVATION WEEK and call upon the people of Delray Beach, Florida, to join their fellow citizens across the Untied States in recognizing and participating in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of May, 1997. MAYOR JAY ALPERIN SEAL WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in the community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well-trained and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement, Inc. (F.A.C.E.) has declared the third week of June to be set aside by local governments to honor and recognize their Code Enforcement Officers. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim June 16 through June 20, 1997 as CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK in the City of Delray Beach, Florida, in accordance with the state-wide observance of the same and encourage all citizens of the City of Delray Beach to join this Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of May, 1997. MAYOR JAY ALPERIN SEAL WHEREAS, Leon M. Weekes is a dynamic individual who exemplifies the ideal of community service and involvement; and WHEREAS, Leon is Chairman of Wickes & Callaway, Inc., a general insurance agency founded in Delray Beach in 1953. He has served on the Board of Directors of Florida Association of Insurance Agents and is a charter director of Equity Bank of Delray Beach. Mr. Weekes served on the governing board of Delray Community Hospital, the Delray Beach Council of 100 Board of Directors, as President of the Delray Beach Chamber of Commerce and as President of the Delray Beach Board of Realtors. He is currently a member of the Economic Coku~cil of Palm Beach County; and WHEREAS, Leon Weekes has demonstrated his commitment to volunteerism and community service by serving as Life Director and former president of the Drug Abuse Foundation of Palm Beach County, President of the Board of Directors for Mae Volen Senior Center, Vice President of Administration for the Gulfstream Council-Boy Scouts of America, and Director of United Way of Palm Beach County; and FURTHER, he has served a Past President of Seacrest Pony (Youth Baseball) League, Board member of United Way of Florida, Treasurer of the Duncan Conference Center, Honorary Board member of the "I Have A Dream" Foundation (Delray Beach), Past President of the Delray Beach Lion's Club and President of Pinetree Village Homeowners Association. Mr. Weekes also served on Vestry and as Senior Warden of St. Paul's Episcopal Church; and NHEREAB, Leon M. Weekes served with distinction as a Commissioner and Mayor of the City of Delray Beach, as a member of the Executive Committee-Florida League of Cities, as President of the Palm Beach County Municipal League, and as a member the Delray Beach Community Redevelopment Agency and the Police and Fire Board of Trustees. During his terms of public service, he was on the original Board of Directors of the Solid Waste Authority and the South Central Regional Wastewater Treatment and Disposal Board. WHEREAS, in 1989, the City of Delray Beach and Palm Beach CotLnty by joint action, established the "Lion M. Waakes Envirox3mantal Prasarve", a passive park, in recognition of his years of public service. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby join with the Boy Scouts of America to bestow upon LEON M. W~EKES the DISTIN~UISNED CITIZ~NAWARD and call upon all present to acknowledge the multitudinous contributions he has made to our community and to recognize him as a role model for our younger generation as an example of good citizenship and selfless dedication to the betterment of our community. IN WITNESS WHERIOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of May, 1997. MAYOR JAY~P~IN WHEREAS, the Lago Vista Care Center/Delray Beach, a facility serving the aging, has petitioned that May 11 through May 17, 1997, be designated as National Nursing Home Week with the theme, "Carlng For Ages"; and WHEREAS, the Lago Vista Care Center/Delray Beach, and other facilities in Palm Beach County are providing skilled and compassionate care and services for older Americans; and WHEREAS, through this care and service, they recognize the dignity and intrinsic worth of these older Americans; and WHEREAS, facilities for the aging provide community support of older people through their care and services. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 11 through May 17, 1997, as NATIONAL NURSING HOME WEEK in Delray Beach, Florida, and commend all persons who provide care, love, and respect for all of our older Americans. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of May, 1997. MAYOR JAY ALPERIN SEAL MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD EXPENDITURES DATE: MAY 2, 1997 This is before the Commission to ratify various expenditures approved by the SCRWTD Board at its meeting of April 17, 1997. By a vote of 8-0 the Board approved the following: · Expend on an emergency basis $2,100 from sinking fund to replace grinder in maintenance shop which could not be repaired. · Expend an additional $2,160 from sinking fund to repair leaks in aeration basins and effluent tank. · Expend $15,000 from sinking fund to repair and replace component on odor control system as recommended by the odor consultant at the January Board meeting. · Expend on an emergency basis $1,700 from sinking fund to repair surge arrestor and capacitor on feeder from trans- former to motor control center in blower building. · Expend on an emergency basis $7,200 from sinking fund to repair radiator bearing and hoses and replace coolant on emergency generator in blower building. · Expend on an emergency basis $3,200 from sinking fund to replace bearing and recondition drive and motor on #3 RAS pump when drive failed. · Expend additional $1,500 from sinking fund to replace level indicator for effluent pumps. $2,500 was previously approved in the 1995/96 budget. · Expend $4,000 from sinking fund to replace bearing and recondition drive and motor on #1 RAS pump. · Expend $22,000 from unbudgeted capital assets to install controller for composite sampler as required by FDEP. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 ~ · Telephone ROBERT J. HAGELF,~cutive Director f~(~~ ~ ~i (407) 272-7061 (407) 734-2577 Fax: (407) 265-2357 MEMORANDUM TO: City Clerk, Delray Beach FROM: Mary Ann Shumilla "~ ~ ~/'' DATE: April 17, 1997 '//~ RE: RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly Annual Meeting of April 17, 1997 which require signatures. Would you please place these on the Agenda for your next Commission meeting. Would you please contact me at 272-7061 when the Ratifications are executed. Thank you. RECEIVED CITY CLERK RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF April 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 1997, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ;2, 100. FROM SINKING FUND TO REPLACE GRINDER IN MAINTENANCE SHOP. NEW GRINDER REPLACED ON EMERGENCY BASIS SINCE EXISTING GRINDER PURCHASED IN EARL Y 1980'S COULD NOT BE REPAIRED. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 1997, by a vote of 8-0, approve AUTHORIZATION TO EXPEND AN ADDITIONAL ~2, 160. FROM SINKING FUND TO REPAIR LEAKS IN AERATION BASINS AND EFFLUENT TANK, ~5,000 WAS APPROPRIATED IN THIS YEAR'S BUDGET TO REPAIR LEAKS IN AERATION BASINS. LEAKS IN EFFLUENT TANK DID NOT OCCUR UNTIL AFTER BUDGET HAD BEEN APPROVED. LEAKS IN EFFLUENT TANK WERE REPAIRED IN JANUARY WHEN CONTRACTOR WAS REPAIRING THE AERATION BASINS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 1997, by a vote of 8-0, approve A UTHORIZA T/ON TO EXPEND ~ 15, 000. FROM SINKING FUND TO REPAIR AND REPLACE COMPONENT ON ODOR CONTROL SYSTEM AS RECOMMENDED BY THE ODOR CONSULTANT AT THE JANUARY BOARD MEETING. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 15, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 1997, by a vote of 8-0, approve AUTHOR/ZATION TO EXPEND ;~1,700. FROM SINKING FUND TO REPAIR SURGE ARRESTOR & CAPACITOR ON FEEDER FROM TRANSFORMER TO MOTOR CONTROL CENTER IN BLOWER BUILDING WHICH BLEW FEBRUARY 22, 1997. WORK WAS PERFORMED ON EMERGENCY BASIS TO ASSURE CONTINUOUS OPERA TION. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 1997, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ~7,200. FROM SINKING FUND TO REPAIR RADIATOR BEARING AND HOSES PLUS REPLACE COOLANT ON EMERGENCY GENERATOR IN BLOWER BUILDING. WORK PERFORMED IMMEDIA TEL Y AFTER HOSE FAILURE. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 1997, by a vote of 8-0, approve ,4UTHORIZA TION TO EXPEND ~3,200. FROM SINKING FUND TO REPLACE BEARING & RECONDITION DRIVE AND MOTOR ON #3 PAS PUMP ON AN EMERGENCY BASIS AS DRIVE FAILED. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 1997, by a vote of 8-0, approve AUTHORIZATION TO EXPEND AN ADDITIONAL ~1,500. FROM SINKING FUND TO REPLACE LEVEL INDICATOR FOR EFFLUENT PUMPS. ~2,500. WAS PREV/OUSLY APPROVED IN 95/96 BUDGET. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 1997, by a vote of 8-0, approve AUTHOR/ZA T/ON TO EXPEND ;4,000 FROM SINKING FUND TO REPLACE BEARING & RECONDITION DRIVE AND MOTOR ON #1 RAS PUMP. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did onApri117, 1997, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ;22,000. FROM UNBUDGETED CAPITAL ASSETS TO INSTALL CONTROLLER FOR COMPOSITE SAMPLER AS REQUIRED BY FDEP. (See letter from Hazen & Sawyer) (See Enclosure) WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ - MEETING OF MAY 6, 1997 FINAL BOUNDARY PLAT/DIALYSIS CENTER OF DELRAY BEACH DATE: MAY 2, 1997 This is before the Commission to approve a replat of a portion of Lots 13 & 14 in Breezy Ridge Estates subdivision, the final boundary plat for the Dialysis Center of Delray Beach located on on the north side of West Atlantic Avenue. The Site Plan Review and Appearance Board approved the site plan for the dialysis center on October 23, 1996. All applicable permits for the project have been obtained. Recommend approval of the final boundary plat for the Dialysis Center of Delray Beach. Agenda Item No. 0~ AGENDA REOUEST Date: April 30, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 6, 1997 Description of item (who, what, where, how much): $~aff requests Commission approval of final boundary plat for the Dialysis Center of Delray Beach. Ail applicable permits have been received and staff comments addressed, ORDINANCE/RESOLUTION REQUIRED: YES RAFT ATTACHED YES~ Recommendation: Staff recommends approval of the final boundary plat for the Dialy~i~ C~n~r of Delray Beach. Department head signature: ~/~~~~,,~.~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO ~/1 Hold Until: . Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc:s/eng/eng/tac/dialysis/agmay6.doc MEMORANDUM TO: David T. HardeW,-'''''~ City Manager FROM: C. Danvers Beatty, ~ City Engineer ..-"'-'--~ SUBJECT: FINAL BOUNDARY PLAT DIALYSIS CENTER OF DELRAY BEACH DATE: April 30, 1997 Attached is an agenda request for Commission approval of the final Boundary plat for Dialysis Center of Delray Beach. The subject plat consists of an office building for the Dialysis Center of Delray Beach and received site plan approval on 10/23/96. Planning and Zoning Board approval of the plat is not required. All applicable permits for the project have been obtained. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the May 6, 1997, Commission meeting for Commission approval. CDB/gm attachment: cc: TAC-Dialysis Center Claire Lyte-Grahm, Planning and Zoning file :s/eng/eng/tac/dialysis/finlplt2.doc I HIGH, pOINT HIGH POINT CANAl.. ~$'r ~ST.~ PRIVA~~ HIGH P~: · ~ ,'.:.:.:.:.:-:.:.:.:.:.. ~ ATL~N~tC DELRAY SITE GOLI= COURSE [ N~ LOCATION MAP ~.~,,..~o...~. DIALYSIS CENTER OF DELRAY BEACH -- O/Gl?AL BASF MAP SY$i"EM -- C.'I LIS\ DANLOC, DWG II MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF MAY 6, 1997 ALLOCATION OF INTEREST EARNINGS/EAST ATLANTIC AVENUE BEAUTIFICATION PROJECT DATE: MAY 1, 1997 The East Atlantic Avenue beautification project has a deficit balance of $150,600.80. To offset this overrun, staff is recommending the use of interest earnings from the 1993 Water and Sewer Revenue Bond. These funds are uncommitted and are being held for contingency purposes. The current fund balance is $404,672.31. If an additional $56,000 in ISTEA funds become available through an increased grant, those funds will be used to replenish the interest earnings account. Also, $20,000 is expected from the contractor at close out of the project. Hence, there is the possibility that some $76,000 will be reimbursed. Should that be the case, only $74,600.80 of interest earnings from the 1993 Water and Sewer Revenue Bond will be used. The project must be funded now. The Finance Director and I both recommend that Commission approve the allocation of $150,600.80 from the 1993 Water and Sewer Revenue Bond interest earnings for this purpose. ref:agmemo4 Agenda Item No.: ~ AGENDA REQUEST Date: April 17, 1997 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: ~v6 lOD7 Description of agenda item (who, what, where, how much): /he FastAtlanticAveme ~eautification Project has a deficit balsrne of ($150~. 600. 80) . 7h~ C{~ M~n~r ~ rh~ W~n~ ~rnr ~uld like tO offset t~his n~ tiw h~l~ ~h Tn~ ~m~ng~ ~run ~h~ 19~_3 ~_~ter ~ ~.~r _Pe._~o_m~ _~P~._. $56,000.00 O~I~CE/ =SOLUTION =QUI=D: YEs~ Draft Attached: YES/NO Recommendation: ~~ ~ ~ of $1~,~.~ of ~t ~s ~ ~ 1~3 ~r ~ ~ ~ ~ ~ ~ ~ibili~ of $76,~.~ ~ ~~. ~ ~ ~ ~d all~ ~y _~!~_~. ~, ~ ~ ~ ~ ~ k / Department Head Signature: /~~~~ Determination of CO~Si~te~7 wi~preho~8~o- ~ ' - '~a~: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives¥-~ (if applicable) Account No. & Description: 440-0000-361-10.00 1993 W/S Pevenue Bond Interest Account Balance: $40~;672.31 ~ City Manager Review: Approved for agenda: ~/NOHold Until: ~)~/~//'! Agenda Coordinator Review: Received: Action: Approved/Disapproved To: Davi~~_Manager From: Jos~ance Director Date: April 21, 1997 Subject: Overrun in East Atlantic Beautification Project- Allocation of Interest Earnin~_s in the 1993 Water/Sewer Bond Construction Fund There is a $150,600.80 overrun projected for the East Atlantic Beautification Project primarily caused by the last change order for Golden Eagle Engineering Contractors, Inc. for $77,323.00 and from the charges to the project from our Construction Services Division for $62,400.00. Although the project has not been finalized with the final closeout calculations, this projected overran must be funded at this time. The City Commission approved the change order and the charges for the Construction Services Division were approved in the budget process. In order to front-end the overrun, we would use the interest eamings from the 1993 Water/Sewer Bond Construction Fund which are uncommitted at this time and all projects have been either finished or have been fully funded without the use of these interest earnings. We have been holding these funds for contingency purposes. Ultimately, we may reduce the need for these funds if additional ISTEA funds become available or if the final contractor closeout produces reduced costs or penalties. The remainder of any interest eammgs should be transferred to the Water/Sewer Renewal & Replacement Fund to provide needed funds for the remainder of the fiscal year. We would ask that these items be provided to the City Commission for their approval at the next meeting. Thank you for your consideration of this action. cc: Mary Ann Young. Accountant H (Project Cost Accounting) Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Directo~//~j From: Michael Simon, Acting Community Development Coordinator~ Date: April 29, 1997 Subject: Delray Beach Renaissance Program Subsidy Recipient ITEM BEFORE THE COMMISSION: City Commission authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program. BACKGROUND: The Dekay Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, The TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. The Renaissance Program focuses on very low, low and moderate income persons in Delray Beach. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit, are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less $40,000 per unit, are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION: Staffis recommending City Commission approval to fund subsidy for the eligible applicant of the following property: *Lot 3, Block 26, Town ofDelray / $17,122.60 17/5 Agenda Item No: AGENDA REQUEST Date: April 29. 1997 When: May 6, 1997 Request to be placed on: ~ Regular ~ Special ~ Workshop XX Consent Description of Agenda Item: Authorization and approval to issue subsidy to an eligible applicant under the Delray Beach Renaissance Program totaling $17,122.60. ORDINANCE / RESOLUTION REQUIRED: YES/NO Drat~ Attached: YES/NO Recommenclation: Staff recommends approval of subsidy award. Funds are to be awarded from HOME Investment Partnership Program and State Housing Initaitives Partnership Program (SHIP) dollars. HOME total $12,022.60 Account # 118-1923-554-83.01 SHIP total $ 5,100.00 Account # 118-1924-554-83.01 Department Head Signature: F//)X~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all invovling expenditure of funds): Funding Available: ~/No (Funding Alternatives'.-~-~ (if applicab!e) Account # & Description: ttg-~clz3-~>Sq, Account Balance: City Manager Rehqw: Approved for Agenda: ~/No Hold Until: Agenda Coordinator Rehew · Recieved: Action: Approved / Disapproved DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 67 NAME Rhgnda Williams RPERTY ADDRESS XXX N.W. 3rd Avenue. Delray Beach LEGAL DESCRPTION Lot 3. Block 26 Town of Delray Plat Book 1, Page 3 % OF AREA MEDIAN HOUSEHOLD INCOME 65.6 # IN HOUSEHOLD 4 COST OF HOUSE $74,240.00 COST OF LOT $6,800 CLOSING COSTS $4,172.60 TOTAL TRANSACTION $85,212.60 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 59,000.00 CFC Bank RATE 8,0 % LTV 75.44% SECOND MORTGAGE $ 12,022.60 City 0fDelray, HOME $ 5,100.00 City of Delray, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ 3,000.00 Federal Home Loan Bank GRANT $ HTF "A" CITY PERMIT FEES WAVIED $ 3,162.00 APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $2.123.00 TOTAL TRANSACTION $85~212.60 N RD / ) / ~ ' ~ 12 lO ;17 ! " --~-- , , ~ ND ._ ~ . ~- ~,_ -- ~ --'~ ~ II.l .~ _Il . ~ I~ -{ ~ 9,1_ _9 14 . _4 -.,.'~ : ~1_ .,,~ ~ - ,~ ,,.~, ~ 5~~,~ ~ [ITY DF DELRIIY BEItgH Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: Agreement and General Release John Lombard - 2315 N. Swinton Fire Department Training The attached agreemem, if approved, will permit the City's Fire Department to conduct training exercises on the property located at 2315 N. Swimon. Mr. Lombard executed the agreement and con. seres to the City using the structure located on his property and ultimately burning down the house. If you have any questions, please call. DNT:smk Attachment cc: David T. Harden, City Manager Frank Ryncarz, Division Chief-PST Sharon Morgan, City Clerk's Office lombard.tint 12/30/96 (}7:25 '~407 243 7461 DELRAY BCH FIRE ~002 AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND GENERAL RELEASE, is made this //f day of //O/27/~ , 199~' by and between the CITY OF DELRAY BEACH, FLORIDA ("CITY") and ..//~/'/~ ~_--_~/~,/5~-~ ("OWNER"). W l TN ES ETH: WHEREAS, OWNER warrants that it owns certain property located within the CITY limits of the City of Delray Beach located at the following address: 2 AZ. /ff WHEREAS, the City of Delray BeaCh Fire Department, and the City of Delray Beach Police Department, desire to use the building located on said property for the purposes of training; and, WHEREAS, OWNER permits the City of Delray Beach Fire anti Police Departments to use the building for appropriate training exercises which includes the use of smoke and fire. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER agrees to allow the City of Delray Beach Fire Department to enter onto the property referred herein for fire rescue training exercises after providing a minimum of eight (8) hours notice to the OWNER. 12/30/96 e7:26 ~'407 243 7461 DELRAY BCH FIRE 3. As part of the training exercises, the participants will use equipment which will cause damage to bearing walls, doors, ceilings, lighting fixtures, and other interior features. The participants will use saws, cutters, pry bars, hammers, and a power spreader in order t.o gain access through interior doors and walls. At the conclusion of the training exercise, the CITY will burn the structure down as much as possible. 4. OWNER acknowledges that the CITY shall assume no responsibility for said land or structures. OWNER is responsible for costs associated with clean-up and removal of all debris created by the training exercises. 5. Prior to conducting the training exercises, CITY, or its designated representative, shall review with OWNER, the areas of the property which will be used in the training exercises. 6. To the extent permitted by law, OWNER and CITY shall defend, indemnify and hold harmless each other, its agents, officers, officials and employees from any and all claims, suits, causes of action or any cIaim whatsoever made arising from the CITY'S training activities on the property referred to herein and relating to the condition o.f the property after the training exercises; and any and all claims, suitS, causes of action or any claim whatsoever made arising from property damage and/or personal or bodily injury caused or allegedly caused by the training exercise. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. No modification or change in the Agreement shall be valid or binding Upon the parties unless in writing, executed by the parties to be bound, thereby. 12×30/96 07:27 9407 243 7461 DELRAY BCH FIRE IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official seal to be hereunto affixed by its City Clerk, and OWNER has hereunto set its hand and seal the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to Form and Legal Sufficiency: City Attorney OWNER . .,~ By: ~ Wimess: 4~[fit l~ame: c;,~ ,,~,~,~u--o Print Name Witness: Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ..~ day of ee~,tqtc... , 1996, by '~ .//O/-4~q-/.~ , who is p. ersonally kno~.~la..to mc or who has produced as identification and who did (did not) take,,,,,,,,,,all oath. ~, ~~~-~ ~(~j} ~fl' COIMM~SSION # CC6~04,50 ~J~tRES -.z~g.. ~ ~,~. ~? / State of Florida ge~at.ag{ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~l RESOLUTION NO. 37-97 DATE: MAY 2, 1997 This is before the Commission to adopt a resolution requesting funding assistance from the Florida Department of Environmental Protection for the state share of funds to implement the Beach Nourishment project as detailed in the Long Range Beach Erosion Control Budget Plan. The FDEP prepares its budget requests based on local requests. For the City of Delray Beach it is simply an extension of our five year capital improvement plan approach to project planning, and requires little additional effort. The next beach nourish- ment project is tenatively scheduled for the fall of 1999. It is estimated that additional State funds will be needed to continue the project beginning in FY 98/99. Therefore the City needs to submit a funding request now, for the State's FY 98/99 budget year. Recommend adopting of Resolution No. 37-97 requesting State funding for the Beach Nourishment project. RESOLUTION NO. 37-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING ASSISTANCE FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE STATE SHARE OF FUNDS TO IMPLEMENT THE BEACH NOURISHMENT PROJECT AS DETAILED IN THE LONG RANGE BEACH EROSION CONTROL BUDGET PLAN. WHEREAS, the City of Delray Beach, Florida, is committed to a fifty (50) year program of coastal restoration and preservation; and WHEREAS, Florida Statute 161.091 provides for reimbursement of certain costs to local sponsors of beach nourishment projects; and WHEREAS, the City of Delray Beach has a successful, ongoing beach nourishment and maintenance program; and WHEREAS, the City of Delray Beach wishes to continue its beach program; and WHEREAS, the City of Delray Beach has the ability to provide the necessary local funding share to implement the Beach Nourishment Project; and WHEREAS, the City of Delray Beach continues to support the beach and coastal management programs of the Florida Department of Environmental Protection; and WHEREAS, the Department of Environmental Protection is authorized by Chapter 161 to assist in funding of the above mentioned types of projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby requests funding assistance from the Florida Department of Environmental Protection for the state share of funds to implement the Beach Nourishment Project as detailed in the Long Range Beach Erosion Control Budget Plan. PASSED AND ADOPTED in regular session on this the 6th day of May, 1997. City Cle~ ' TO: DAVID T. HARDEN, CITY MANAGER THRU: INGUEZ, TOR OF PLANNING AND ZONING FROM: JOHN WALKER, PROJECT COORDINATOR/~/;~ ~/~ SUBJECT: MEETING OF MAY6, 1997 (_./ ADOPTION OF A RESOLUTION REQUESTING STATE FUNDING FOR THE BEACH NOURISHMENT PROJECT **CONSENT AGENDA ** The action requested of the City Commission is the adoption of Resolution No. 37-97, requesting State funding for the Beach Nourishment Project. The Flodda Department of Environmental Protection (FDEP) has established an improved procedure for project funding, whereby funds are requested annually from the Legislature based on a ten year budget (the long range beach erosion control budget). Each task in the project, including engineering, monitoring and construction, is listed in the budget by fiscal year. The FDEP will prepare its budget requests based on these local requests. This procedure should make for better project planning throughout the State. In the case of Delray Beach, it is simply an extension of our five year capital improvement plan approach to project planning, and has required little additional effort. The City still has State project funds available from its 1992 appropriation. These funds are under a reimbursement contract with the FDEP which expires September 30, 1999. The next beach nourishment project is tentatively City Commission Documentation Adoption of a Resolution requesting State funding for the Beach Nourishment Project Page 2 scheduled for the fall of 1999. It is estimated that additional State funds will be needed to continue the project beginning in FY 98/99. Therefore, the City needs to submit a funding request now, for the State's FY 98/99 budget year. The funding request consists of three parts: the Long Range Beach Erosion Control Budget Plan, the Project Description, and a Resolution requesting funding assistance. Attached is the resolution for Commission's consideration. I By motion, adopt Resolution No. 37-97, requesting State funding for the Beach Nourishment Project. Attachments: · Resolution No. 37-97 · Long Range Beach Erosion Control Budget Plan · Project Description S:~dv~each~DEPfund6 CITY OF DELRAY BEACH BEACH NOURISHMENT PROJECT PROJECT DESCRIPTION The project consists of the periodic maintenance of 2.65 miles of critically eroded shoreline, located in Palm Beach County, between DNR monuments R180 and R188.5. PROJECT HISTORY By the mid-1960's, long-term erosion in Delray Beach had destroyed virtually all of the beach and dune system. An initial beach restoration was constructed in Delray Beach in 1973, with maintenance nourishments in 1978, 1984 and 1992. The scope of each maintenance nourishment is designed to optimize recreation and storm protection benefits and the economic efficiency of construction. The next maintenance nourishment is expected to be constructed in 1999. In addition to beach restoration and maintenance, the City has recreated a viable dune ecosystem along the Municipal Beach areas. Beginning in 1974, and continued through the present, the City has restored and augmented the dune. The current dune system consists of a foredune vegetated in pioneer species, and a backdune vegetated in scrub zone species. A long-term dune revegetation program is in process to remove exotic species in the scrub zone and restore native plants, including rare and endangered species. A well designed monitoring program has continued since the inception of the project. The program includes annual performance surveys and analysis, environmental monitoring of the reef, nearshore and borrow areas, and monitoring and protection of sea turtles. PROJECT EVALUATION Severity of Erosion The project has been maintained consistently since initial restoration in 1973. Prior to initial restoration, the beach had eroded to a point where practically no beach remained. Since initial restoration shoreline recession has been affected by the cycle of fill placement, equilibration, and erosion, as documented in annual performance surveys. In the last year, after the 1992 periodic maintenance nourishment achieved equilibrium, surveys document the shoreline recession in the project area at 12 feet/year. Mitigation of Inlet Effects Delray Beach is located within the area influenced by the Lake Worth, South Lake Worth and Boca Raton Inlets. While not included specifically in the management plans of these inlets due to the cost of quantifying inlet impacts beyond the immediate vicinity of inlets, the project serves to mitigate the historic impacts of the inlets on downdrift beaches. There is anecdotal evidence of the adverse impact of the South Lake Worth Inlet. Erosion in Delray Beach increased dramatically during the 1960's, after a period in which the sand transfer plant was inoperative or operating under capacity. These impacts were still in effect when the initial restoration was completed in 1973. Threat to Existing Upland Development Shoreline development within the project area consists of approximately 1.3 miles of residential and commercial (resort) structures, and 1.35 miles of public beach access. SR A1A, the hurricane evacuation route along the barrier island, runs parallel to the beach and adjacent to the public beach areas and the first line of private properties throughout the project area. Therefore, the project protects residential/commercial development, hurricane evacuation routes, and public infrastructure along 100% of the beach frontage. Recreation and Economic Benefits Approximately 51% of the beach frontage within the project boundary consists of public parks. Since 100% of the beach within the project areas meets the Department's criteria for accessibility, the entire project is a tourist-related use. To support this high level of access, 668 public parking spaces are provided within one-quarter mile of the beach in on-street and six off-street parking areas. There are 28 tourist-related lodging facilities on the barrier island, including hotels, motels, time shares and residence inns. These uses occupy a total of 33.92 acres and provide 908 units. In addition, there is an approved but not yet constructed addition to one hotel which will add 2.38 acres and 100 units. Many of the tourist-related facilities are across the street from the beach and so do not have direct ocean frontage. However, a total of eight facilities abut the beach. These have an aggregate ocean frontage of approximately 1800 feet and comprise 13% of the project length. Economic benefits of the Beach Nourishment Projects will be documented in the General Design Memorandum using established federal methods. In addition, the City has completed an analysis of the economic impacts of the project addressing enhanced property values, and resident and tourist spending. The findings of that study include: · Increased property values in Delray Beach and surrounding communities of $228.8 million. · $152.8 million in annual expenditures throughout the State, resulting from increased property values. · $4.2 million in annual ad valorem taxes produced. · $45.4 million in annual tourist spending. · $1.3 million in State revenues from tourist spending. · 5,444 jobs created annually throughout the State, with $144.3 million in payroll. Performance of the Project The project will utilize an offshore borrow area which geophysical analysis has confirmed contains sufficient, high quality material to maintain the design throughout the life of the project. Since 1984, the project design has achieved a renourishment cycle of eight years. This maintenance nourishment design is expected to meet or exceed the eight year cycle into the future. The project design incorporates the control of hot spots within the project area. The design section is a 100' berm at elevation 9.0 MSL, and provides for storm protection in 20 year storm. Federal Fundin.cj The Delray Beach project is locally constructed, with reimbursement by the federal govemment of the federal share of project costs. The project is authorized through 2023, and a Local Cooperation agreement exists through that year. Federal funds are being requested for FY99 through the Corps of Engineers and the State clearinghouse. Based on past performance and existing agreements, there is a high probability that federal funds will be appropriated to meet the federal share of project costs. Federal funding has been received for the initial 1973 restoration, and each of the periodic maintenance projects in 1978, 1984 and 1992. Innovative Applications to Reduce Erosion The General Design Memorandum will explore all available technologies, and select the optimum method. Conventional dredging is expected to be the selected technology. Cost containment measures already in place, and those proposed for the future, represent innovative approaches to erosion control. The decision to exercise the option of local construction with federal reimbursement has enabled the City to optimize project performance throughout the life of the project, saving significant fill and design costs. The City intends to seek a joint- bid partner to reduce project costs. A joint bid enables projects to take advantage of the economies of scale of a larger project, producing the potential to reduce mob/demob cost by 50%, and unit costs by 5-10%. Local Commitment The project is consistent with the adopted Comprehensive Plan. Local commitment is further demonstrated by the continued existence in the City of an established, separate fund to provide project costs until reimbursement is received. There is an interlocal agreement with Palm Beach County that provides for funding of the local share of project costs. This agreement extends through the year 2023. The City maintains the position of Project Coordinator to provide local project management and administration. St.~te Commitment The project area has been identified by the Department as an area of critical erosion, and is recommended in the Department's Beach Restoration Management Plan for Palm Beach County. The project has received State funding for all previous phases, including initial restoration in 1973 and periodic maintenance projects in 1978, 1984 and 1992. There is a current funding agreement with the Department which is valid through September 30, 1999. The state has historically funded 75% of the non-federal project costs. The City requests funding in the future at the same level. S:~adv~beach\DEPfund3 0 0 A 0 0 oo ~ d[ ~ 0 . 0 0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~.~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MAY 6, 1997 RESOLUTION NO. 38-97 (WEIGH STATION ON INTERSTATE-95 IN MARTIN COUNTY) DATE: APRIL 30, 1997 This is before the City Commission to adopt a resolution encouraging the Florida Department of Transportation to construct and operate a weigh station on Interstate-95 in Martin County. The purpose would be to encourage large, long haul trucks to use the Florida Turnpike as an alternative to 1-95 in South Florida in an effort to control the amount of truck traffic on the interstate. The Board of County Commissioners recently adopted a similar resolution and forwarded a copy for our consideration. In the interest of safety for the general motoring public, I recommend the adoption of Resolution No. 38-97. ref:agmemol RESOLUTION NO. 38-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENCOURAGING THE FLORIDA INTERSTATE HIGHWAY BY LONG HAUL TRUCK TRAFFIC AND ENCOURAGING TRUCK TRAFFIC TO TRAVEL ON THE FLORIDA TURNPIKE; PROVIDING FOR DISTRIBUTION OF COPIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, residents of Palm Beach County, Florida, as part of the general motoring public, have become endangered because of the increased use of Interstate-95 by long haul truck traffic; and WHEREAS, long haul trucks compete for lane space on 1-95 particularly in the South Florida area where the roads are already congested; and WHEREAS, there have been several closures of 1-95 in South Florida in recent years due to serious accidents involving large trucks; and WHEREAS, the operation of a weigh station, and the fines derived from overweight vehicles, would help to offset the costs associated with enforcement of maximum truck weights and improve the safe operation of trucks on 1-95. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: For the safety of all concerned, the Delray Beach City Commission strongly encourages the Florida Department of Transportation to construct and operate a Weigh Station to be located in Martin County thereby encouraging large trucks to use the Florida Turnpike as an alternative to 1-95 in South Florida. The Commission further supports the earliest possible implementation of the Weigh Station by the Florida Department of Transportation, and further encourages the practice of safe driving habits by the motoring public. Section 2: A copy of this Resolution shall be forwarded by the City Clerk to all State Legislators serving the South Florida area, to the Palm Beach County Municipal League, and the Florida Department of Transportation. Section 3: This Resolution shall take effect immediately upon adoption. PASSED MD ~OPTED in regular session on this 6th day of May, 1997. ATTEST: ' ~ty cl~k 2 Res. No. 38-97 F~F'F.'-22-1-~97 10:06 P~LI'I BE~CH COUIITY 40? _~5~ 2711 P.~51 01 ~SOLUTION NO. 97-- A RESO~3TION OF THE BOA~O OF COUNTY CO~MISSION~RS OF PA~ BF-ACH CO~TY, F~RIDA, ~CO~GING THE FLORIDA D~~ OF ~SPORTATION TO CONSTRU~ ~D OPE~TE A W~IGH ~TATION ON INTESTATE HIG~AY I--95 IN ~TIN CO~ I~ ~ EFFORT TO ~'~'kOL ~ USE OF ~ INT~TAT~ MIG~AY ~Y ~NG ~ TRU~ ~FIC ~ ~CO~GING ~U~ DI~B~ION OF COPIES; ~ PRO~D~G ~ EFFE~I~ DATE. part of ~e gemeral motoring public,' have become and particularly in the South Florida arem, ~here the roa~s are derived from overweigh= vehicles, would help off=et the costs =he safe opera, ion of trucks on 1-95. NOW, T~EREFO~, BE IT ~SOLVED BY T~ BO~ OF CO~ISSIO~S OF ~A~ B~CH CO~Y, F~RIDA, Beach Co~=y Board of County Co~issioners strongly encourages Florida Department of Transportation =o construct and operate a ...Weigh Station to be located in Mar=in County thereby encouraging large trucks =o use the Florida ~npike as am alternative to 1-95 in South Flor ida. The Board fur~er supports the Oepar~ent of Transportation, and further encourages the practice of safe ~iving habits by the motoring public. league, and the Florida Department of Sec=ion 3. This Resolution ~hall take effect i~ediately U~On adoption. The foregoing resolution was offered by Co~issioner as follows: B~T ~ONSON, Chairman - Aye ~UD~ FORD LEE, Vice-Chair - Aye ~N T. ~CUS - Aye C~OL A. ROBERTS - Aye W~EN H. N~E~ - Aye ~Y MCC~TY - Aye KEN L. FO~T~ - Aye passed and adopted this 15 day of April , 1997. APPROVED ~ TO FO~ ~D P~ B~CH CO~TY, FLORIDA, BY ITS LEG~ SUFFICI~CY BO~ OF CO~TY CO~/SSIONERS~.6.~,~,,, TOTAL P. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~.~t SUBJECT: AGENDA ITEM # ~H' - MEETING OF MAY 6, 1997 CHANGE ORDER #1 AND FINAL PAYMENT/COMMUNITY ASPHALT COMPANY DATE: MAY 2, 1997 This is before the Commission to approve deduct Change Order #1 in the amount of $3,474.04, and final payment in the amount of $18,946.33 to Community Asphalt Company for completion of the 1996 street resurfacing project. The Change Order Schedule "A" references the final as-built measured quantity adjustments. Recommend approval of deduct Change Order #1 and final payment to Community Asphalt Company. Funding is available from Renewal and Replacement - Traffic/Alleyways (Account No. 334-3162-541-63.10). Agenda Item No. ~ AGENDA REQUEST Date: April 30, 1997 Request to be placed on: X Regular Agenda Special Agenda - Workshop Agenda When: May 6 , 1997 Description of item (who, what, where, how much): Staff request City Commission to approve Change Order #1. Final to Community Asphalt Corporation for 1996 Street Resurfacing Project (96-17). The Change Order accounts for the final as-built measured quantity adjustments as compared to the original Contract. Schedule "A" attached to the Change Order specifically references these adjustments. The amount of Change Order #1, Final is a net deduct of $3,474.04. Approval is also requested for final payment to Community Asphalt Corporation in the amount of $18,946.33 for the project. A Contractor Evaluation is also attached for your review. Funding source for this agenda request is 334-3162-541-63.10 (R&R Traffic/Alleyways) for -$3,474.04. O DIN C SOLUTION Recommendation: Staff requests City Co~ission to approve Change Order No. 1, Final and Final Payment to Community ~z~.ha~t Corporation Department head signature: y~~ i~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (~q~i. red on all items involving expenditure of funds): ~ Funding available Y~_~NO ~ Funding alternativ~- (if applicable) ~J~ Account No. & Description~D~-'~~.~)-}O ~~ ~__~ Account Balance 49~;~O ' City Manager Review: Approved for agenda: ~//N© ~}~'~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Di/~ Date: April 30, 1997 Re: Change Order No. 1, Final - 1996 Resurfacing Projects - Project 96-17 Attached for Commission approval is an agenda request for Change Order #1, Final to Community Asphalt Corporation for the above referenced project. The Change Order accounts for the final as- built measured quantity adjustments as compared to the original Contract. Schedule "A" attached to the Change Order specifically references these adjustments. The amount of Change Order #1, Final is a net deduct of $3,474.04. Approval is also requested for final payment to Community Asphalt Corporation in the amount of $18,946.33 for this project. A Contractor Evaluation is also attached for your review. Funding is from Account No. 334-3162-541-63.10 (R&R Traffic/Alleyways ) for -3,474.04. File: Memo to City Manager 9617A 9617memo CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER %1, FINAL PROJECTNO.93-24 DATE: PROJECT TITLE: 1996 Resurfacinq Projects TO CONTRACTOR: Community Asphalt Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: See attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 93,003.05 COST OF CONSTRUCTION CNANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 93,003.05 COST OF CONSTRUCTION CNJLNGES THIS ORDER $- 3,474.04 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 89,529.01 PER CENT DECREASE THIS CHANGE ORDER -3.7% TOTAL PER CENT DECREASE TO DATE -3.7% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Community Asphalt Corporation (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Service Department 334-3162-541-63.10 R&R Traffic / Alleyways for -$3,474.04 DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By for Environmenal Services Jay Alperin, Mayor ATTEST: APPROVED: By: City Attorney City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'./~/I SUBJECT: AGENDA ITEM # ~ - MEETING OF MAY 6, 1997 CHANGE ORDER #1 AND FINAL PAYMENT/HARDRIVES OF DELRAY, INC. DATE: MAY 2, 1997 This is before the Commission to approve Change Order #1 (Final) in the net add amount of $2,525 and final payment in the amount of $7,986.67 to Hardrives of Delray, Inc. for completion of the Merritt Park parking project. The change order accounts for the final as-built measured quan- tity adjustments as compared to the original contract. It also includes additional chain link fencing, modifications to the curb/asphalt paving at the basketball goals, and furnishing and installing four wheels to the fence gates to prevent sagging. Recommend approval of Change Order #1 (Final) and final payment to Hardrives of Delray, Inc. Funding is available from Parks and Recreation - Merritt Park Parking (Account No. 334-4120-572- 63.10). Agenda Item No. 0 AGENDA REQUEST Request to be placed on: Date: April 30, 1997 X Regular Agenda Special Agenda Workshop Agenda When: May 6, 1997 Description of item (who, what, where, how much): Staff request City Commission to approve Change Order #1, Final to Hardrives of Delray, Inc. for Merit Park Parking Area Project 96-31. The Change Order accounts for the final as-built measured quantity adjustments as compared to the original Contract. It also includes additional chain link fencing ; modifications to the curb/asphalt paving at the basketball goals (2 ea.); and furnish/install four wheels to fence gates to prevent sagging. Schedule ~A" attached to the Change Order specifically references these adjustments. The amount of Change Order #1, Final is a net add of $2,525.00. Funding is from 334-4120-572-63.10 (Merrit Park Parking Area). Approval is also requested for final payment to Hardrives of Delray, Inc. in the amount of $7,986.67 for the project. A Contractor Evaluation is attached for your review. _ ORDINANCE/RESOLUTION REQUIRED: YES/N~ODRAFTv~ ATTACHED YESNO~ Recommendation: Staff requests Cit~/~C_ ommission to approve Change Order No. 1, Final and Final Payment to Hardr' o Delray, Inc. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Revie~ed~items involvi~q expenditure of funds): Funding availab~O ? ~ ~ ~'~ ~III~Q Funding alternative' -~ ~ v (if ap/~licable). Account No. & De.s_cr~p~t. io~n~ql,.~O-~Q~-¢3,1Q Account Balance~'!,~.~q [~3~, h,a~ ~~ ~.~ % ~ -- ~ . , - City Manager Review: Hold Until: · Agenda Coordinator Review: Received: Placed on Agenda: Action: App roved/Di s approved Memorandum To: David T. Harden, City Manager/ From: Howard Wight, Dep Dir Construction Div~~n Date: April 30, 1997 Re: Change Order No. 1, Final - Merrit Park Parking Area - Project 96-31 Attached for Commission approval is an agenda request for Change Order #1, Final to Hardrives of Delray, Inc. for the above referenced project. The Change Order accounts for the final as- built measured quantity adjustments as compared to the original Contract. It also includes additional chain link fencing; modifications to the curb/asphalt paving at the basketball goals (2 ea); and furnish/install four wheels to fence gates to prevent sagging. Schedule "A" attached to the Change Order specifically references these adjustments. The amount of Change Order #1, Final is a net add of $2,525.00. Approval is also requested for final payment to Hardrives of Delray, Inc. in the amount of $7,986.67 for this project. A Contractor Evaluation is attached for your review. Funding is from 334-4120-572-63.10 Merrit Park Parking Area) for $2,525.00. File: Memo to City Manager 9631A 9631.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 96-31 DATE: PROJECT TITLE: Merrit Park Parking Area TO CONTRACTOR: Hardrives of Delray, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final As-Built Quantity Adjustments per Attached Schedule SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $54,616.70 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $54,616.70 COST OF CONSTRUCTION CHANGES THIS ORDER $ 2,525.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $57,171.70 PER CENT INCREASE THIS CHANGE ORDER 4.6% TOTAL PER CENT INCREASE TO DATE 4.~% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Hardrives of Delray, Inc. TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 334-4120-572-63.10 (Merrit Park Parking Area) FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA by its City Commission RECOM}4END: By: for Environmental Services Jay Alperin, Mayor ATTEST: APPROVED: By: City Attorney City Clerk [ITY OF [IELRRY BER[H Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM ll~lp~1111[ DATE: Mayl, 1997 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Request to File Offer of Judgment - Elizabeth Hartmann and Milton Hartmann v. Delray Harbor Club Association and the City of Delray Beach The City Attorney's Office would request that the City Commission authorize the filing of an offer of judgment in the amount of $5,001.00 in the above case. The plaintiff in this case, Elizabeth Hartmann, alleges that she tripped and fell on the sidewalk adjacent to the Delray Harbor Club bordering northbound Federal Highway. As a result of her fall, Mrs. Hartmann suffered injuries to her right hand and wrist. The City and the Delray Harbor Club are both defendants in this case, and the Delray Harbor Club has submitted an offer of judgment for the same amount we are proposing. We would hope that the City's offer, in conjunction with the Delray Harbor Club's offer, would be acceptable to the plaintiffs. The plaintiffs have 30 days to accept or reject the offer of judgment. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office Frank Babin, Risk Manager hartmann.dnt MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f~I SUBJECT: AGENDA ITEM # ~ K - MEETING OF MAY 6, 1997 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MAY 2, 1997 Attached is the Report of Appealable Land Use Items for the period April 14 through May 2, 1997. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: /?.~MIN ALL , SUBJECT: MEETING OF MAY 6, 1997 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS APRIL 14, 1997 THRU MAY 2, 1997 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of April 14, 1997 through May 2, 1997. This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. City Commission Documentation Appealable Items Meeting of May 6, 1997 Page 2 Thero were no appealable items considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for final action. · Recommended denial (4 to 2, Carbone and Schwartz dissenting, Young abstaining), of a conditional use request to allow the establishment of a church (Emmanuel Evangelical Lutheran Church), located at the end of S.W. 6th Street approximately 130 feet west of the intersection of S.W. 6th Street and S.W. 7th Avenue. · Recommended approval (6 to 0 Young abstaining), of the abandonment of a 25 foot roadway easement for Emmanuel Evangelical Lutheran Church. · Recommended approval (7 to 0), of the abandonment of a portion of the north-south alleyway lying south of the Greater Mt. Olive Missionary Baptist Church, between N.W. 4th Avenue and N.W. 5th Avenue. · Recommended approval (7 to 0), of the abandonment of a 16 foot alleyway within Anderson Block Subdivision, lying south of S.E. 6th Street, approximately 152 feet east of Swinton Avenue. · Recommended approval with conditions (4 to 3, Eliopoulos, McCarthy and Carbone dissenting), of a conditional use request associated with the construction of a 22,436 sq. ft. building at the Delray Swap Shop, located on the east side of North Federal Highway, approximately 500 feet north of Allen Avenue. · Recommended approval (7 to 0), of the abandonment of a portion of Miami Boulevard lying immediately south of S.E. 10th Street. · Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 4.3.4 "Base District Development Standards" eliminating the requirement to plat in order to separately convey duplex units. City Commission Documentation Appealable Items Meeting of May 6, 1997 Page 3 · Continued on a 6 to 0 vote (Robin Bird had not arrived), a rezoning request from POD (Professional Office District) and RM (Medium Density Residential) to NC (Neighborhood Commercial) for a parcel of land located at the northeast corner of South Federal Highway and La Mat Avenue (Colombi Property). A. Approved with conditions (6 to 0), a free standing sign for Custom Tailor, located on the west side of S.E. 6th Avenue, south of Atlantic Avenue. B. Approved (6 to 0), a site location for a proposed sculpture at the Ocean Rescue Headquarters within Anchor Park, located on the west side of A-l-A, south of Atlantic Avenue. C. Approved (6 to 0), a request for a color change for Ranger Condominium, located on the west side of Venetian Drive, south of Atlantic Avenue. D. Approved (6 to 0), a request for exterior remodeling and a color change for Abbey Delray Villas, located at the southwest corner of Lowson Boulevard and Congress Avenue. E. Approved (6 to 0), a change in the building elevation (window replacement) for the Huber Drug Store building, located at the northwest corner of Atlantic Avenue and N.E. 4th Avenue. F. Approved with conditions on a 4 to 0 vote (Carter and Sheremeta stepped down), the landscape plan and architectural elevation plan for Fronrath Vehicle Sales, Rental and Leasing, located at the northeast corner of South Federal Highway and Avenue "G". The associated site changes involved the demolition of the existing single family residence and construction of a 53 space parking lot which was approved by the City Commission as a part of the SAD (Special Activities District) zoning action. City Commission Documentation Appealable Items Meeting of May 6, 1997 Page 4 F. Approved (5 to 0, Carter stepped down, Sheremeta absent) a request to waive the requirement to underground overhead utilities for Fronrath Vehicle Sales, Rental and Leasing facility to be located at the northeast corner of South Federal Highway and Avenue "G". G. Approved (6 to 0), a request for a color change for Linton Center, located at the southwest corner of Linton Boulevard and Federal Highway. H. Approved (6 to 0), a request for a color change and recanvassing an awning for C.L. Tuttle Interiors, Inc, located on the west side of N.E. 5th Avenue (southbound Federal Highway), south of N.E. 4th Street. I. Approved (6 to 0), a change in the architectural elevations (addition of storefront windows) for Tradewinds Convenience Store, located on the east side of Dixie Highway, south of Lindell Boulevard. J. Approved (6 to 0), a change in the architectural elevations (addition of storefront windows) for Maxo's Venice Grocery Store, located at the southwest corner of S.E. 2nd Street and S.E. 3rd Avenue. K. Approved (6 to 0), a change in the architectural elevations (awnings addition) for Hoot Toot & Whistle, located on the south side of East Atlantic Avenue, east of S.E. 2nd Avenue. L. Tabled (6 to 0), a change in the architectural elevations (recanvass existing awnings) at The $30 Building (fka Charles' Seafood Grill & Crab House), located on the west side of S.E. 6th Avenue, south of S.E. 5th Street. M. Approved (5 to 1, Sittler dissenting), a change in the architectural elevations to allow a mural on the east wall of the building in the southeast corner of the Ocean City Lumber site, located at the City Commission Documentation Appealable Items Meeting of May 6, 1997 Page 5 southeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. N. Tabled (6 to 0), a change in the architectural elevations to allow a mural on west facade of the building for Celebre's Bakery (901 George Bush Boulevard), located on the north side of George Bush Boulevard, east of N.E. 9th Street. O. Denied (6 to 0), a change in the architectural elevations (awning addition) for the Ramblin Rose Ticket Booth at Veteran's Park, located at the northwest corner of East Atlantic Avenue and the Intracoastal Waterway. P. Approved with conditions (4 to 2, Shutt and Carter dissenting) the site plan, landscape plan and architectural elevation plan for Coral Trace a 284 unit multiple family development, to be located north of West Atlantic Avenue between the High Point Condominium and the Sudan Subdivision. Concurrently, the Board approved several waivers namely: · Reducing the side street setback from 25' to 15' and the side yard setback 15' to 7.5' for the duplex units; · Reducing the distance between townhouse structures from 25' to 20'; · Reducing the pavement width of streets from 24' to 22' for that portion of the streets that are located within the duplex section; · Reducing the right-of-way from 60' to 50' (within the duplex section) and 60' to 24' (within the townhouse section); · Eliminating the requirement for a sidewalk on the west side of the entrance road. · Reducing the guest parking requirement within the townhouse section by 22 spaces. City Commission Documentation Appealable Items Meeting of May 6, 1997 Page 6 1. Approved (4 to 0, Vaughn, Turner and Farrington absent), the design elements and architectural elevations associated with the conversion of a single family residence to a Sandoway House Nature Center located on the west side of A-l-A, north of Ingraham Avenue. 2. Approved (3 to 1, Diggans dissenting), a Certificate of Appropriateness to allow security bars at the single family residence located at 625 N.E. 3rd Avenue. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR S, EA, BL . CITY COMMISSION MEETING OF MAY 6, 1997 L-30 CANAL ~ LAKE IDA ROAD N.W, 2ND LOWSON BOULEVARD LINTON BOULEVARD BOULEVARD L-38 CANAL C-15 CANAL CITY LIMITS ........... S.P.R.A.B.: A. - CUSTOM TAILOR K. - HOOT TOOT & WHISTLE B. - OCEAN RESCUE HEADQUARTERS L. - 530 BUILDING i MILE I C. - RANGER CONDOMINIUM ASSOCIATION M, - OCEAN CITY LUMBER I D. - ABBEY DELRAY VILLAS N. - CELEBRES BAKERY SCALE E. - HUBER DRUG STORE O. - RAMBLIN ROSE F. - FRONRATH VEHICLE SALES, RENTAL & P, - CORAL TRACE El LEASING FACILITY I~ G. - LINTON CENTER ~ H. - C. L. TUTTLE INTERIORS, INC. H.P.B.: I, - TRADEWINDS CONVENIENCE STORE 1. - SANDOWAY HOUSE CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT J. - MAXO'S VENICE GROCERY STORE 2. - 625 N.H. 5RD AVE. -- o/c/r,4z ~4S£ ~P sYsrE~ -- MEMOR~ND~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lvI~_lXlAGER~J~ SUBJECT: AGENDA ITEM # ~/~ - MEETING OF MAY 6, 1997 AWARD OF BIDS AND CONTRACTS DATE: MAY 2, 1997 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Bid awards through the Community Development Block Grant Program; to Henry Haywood for housing rehabilitation projects at 40 S.W. 9th Avenue in the amount of $11,749.50, and at 609 S.W. 5th Avenue in the amount of $16,737.00; to Craftsman Plus, Inc. for housing rehab at 207 S.W. 9th Street in the amount of $8,809.50, with funding from 118-1963-554-49.19. 2. Purchase award via Florida State Contract #250-040-96-1 to Dell Computer Corp. for Dell Local Area Network (LAN) server, including support for 3 years, in the amount of $18,075 from 001-1811-513-64.11. 3. Purchase award to Oracle, sole source provider, for Access Manager and Transparent Gateway Database Integration Software to support the City's existing Hansen software, in the amount of $27,748 from 441-5161-536-66.10 through budget transfer from 441-5161-536-63.90. 4. Purchase award to Data Flow Systems, Inc., sole source provider, to convert the frequency of the wastewater collection telemetry system radios to avoid interference with Florida Power and Light's radio signal, in the amount of $11,425 from 442-5178-536-46.20 through budget transfer from 441-5178-536-61.36. 5. Purchase award to Westinghouse Audio Intelligence Devices, Inc., for a one-ton cargo mobile survellance systems van for the Police Department, in the amount of $76,863, with $54,000 from 001-2115-521-64.20, and $22,863 from 501-3312- 591-64.20. AGENDA REQUEST Request to be placed on: Date: April 29, 1997 __ Regular Agenda Special Agenda Workshop Agenda xxxx Consent Agenda When: May 6, 1997 Description of item (who, what, where, how much): CASE# ADDRESS GRANT AMOUNT 96-020HR 40 SW 9th Ave. $11,749.50 95-017HR 609 SW 5th Ave. $16,737.00 95-013HR 207 SW 9th St. $ 8,809.50 (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIED: YES/NO Draf~ Attached: YES/NO Recommendation: Recommend approval of Community Development Block Grant__ Program Housing Rehabilitation Grant Award and Contract Award(s) from Account # 118-1963-554-49.19 grant amount includes contingency. (Example: Recommend approval with funding from Special Events Account No. 001- 3333-555-44.55). Department Head Signature: ~~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure Funding available: (~~O Funding Alternatives: Account No. & Description: Account Balance: City Manager Review: Approved for agenda:~J~fNO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action' Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Michael Simon, Acting Community Development C~ordinator ~ THRU: Lula Butler, Community Improvement Director {0/[9 DATE: February 6, 1997 SUBJECT: Community Development Block Grant Program Activities Housing Rehabilitation Grant Awards ITEM BEFORE THE COMMISSION This is to request approval for three Housing Rehabilitation Grant Awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change Orders and ail unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors ail work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. fL/' RECOMMENDATION Staff recommends awarding the bids for three Housing Rehabilitation projects to the verified low bidders and authorizes the Community Development Block Grant program be awarded in the following amounts: CASE# ADDRESS CONTRACTOR GRANT AMOUNT 96-020HR 40 SW 9th Ave. H. Haywood $11,749.50 95-017HR 609 SW 5th Ave. H. Haywood $16,737.00 95-013HR 207 SW 9th St. Craftsman $ 8,809.50 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 97-25HR APPLICANT: Alice Mae Young APPLICATION #: 95-013HR PROJECT ADDRESS: 207 S.W. 9th Street DATE OF BID LETTERS: April 3, 1997 DATE OF BID OPENING: April 14, 1997 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ ALPHA SOUTH CONSTRUCTION $ 9~810.00 CRAFTMAN PLUS, INC. $ 8290.00 DAKOTA CONSTRUCTION INC. $ A. F. DOZER, INC. $ FIRST CHOICE CONTRACTORS $ 10~300.00 RAY GRAEVE $ H.M.P. BUILDERS, INC. $ HENRY HAYWOOD $ INTERCONTINENTAL CONST. CORP. $ 10~900.00 EDWARD J. KAPLAN $ 9~632.00 TOMMY PRESTON $ 9~575.00 SOUTH FLORIDA CONSTRUCTION $ 9~630.00 CONTRACTOR AWARDED CONTRACT: Craftsman Plus, Inc. BID/CONTACT AMOUNT: $ 8290.00 COMMENTS: Bid awarded to low bidder. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 97-25HR APPLICANT: Robert Johnson APPLICATION #: 95-017HR PROJECT ADDRESS: 609 S.W. 5th Avenue DATE OF BID LETTERS: April 3, 1997 DATE OF BID OPENING: April 14, 1997 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ ALPHA SOUTH CONSTRUCTION $ 16~665.00 CRAFTMAN PLUS, INC. $ 17,870.00 DAKOTA CONSTRUCTION INC. $ A. F. DOZER, INC. $ FIRST CHOICE CONTRACTORS $ 17,743.00 RAY GRAEVE $ H.M.P. BUILDERS, INC. $ HENRY HAYWOOD $ 15~940.00 INTERCONTINENTAL CONST. CORP. $ 18,550.00 EDWARD J. KAPLAN $ TOMMY PRESTON $ 17~400.00 SOUTH FLORIDA CONSTRUCTION $ 20~130.00 CONTRACTOR AWARDED CONTRACT: Henry Haywood BID/CONTACT AMOUNT: $15~940.00 COMMENTS: Bid awarded to low bidder. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION BID INFORMATION SHEET BID #: 97-25HR APPLICANT: Bertha M. Hardy APPLICATION #: 96-020HR PROJECT ADDRESS: 40 S.W. 9th Avenue DATE OF BID LETTERS: April 3, 1997 DATE OF BID OPENING: April 14, 1997 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ 16~705.00 ALPHA SOUTH CONSTRUCTION $ 13~975.00 CRAFTMAN PLUS, INC. $ 12~745.00 DAKOTA CONSTRUCTION INC. $ A. F. DOZER, INC. $ FIRST CHOICE CONTRACTORS $ 14~755.60 RAY GRAEVE $ H.M.P. BUILDERS, INC. $ HENRY HAYWOOD $ 11~190.00 INTERCONTINENTAL CONST. CORP. $ 14~975.00 EDWARD J. KAPLAN $ 11~665.00 TOMMY PRESTON $ 13~470.00 SOUTH FLORIDA CONSTRUCTION $ CONTRACTOR AWARDED CONTRACT: Henry. Haywood BID/CONTACT AMOUNT: $11~190.00 COMMENTS: Bid awarded to low bidder. Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: April 28, 1997 _XX_R-egtdar Agenda ~.Special Agenda __Workshop Agenda When: May 6, 1997 Description of agenda item (who, what, where, how much): Purchase award of Dell Lan server which includes critical (4 hour) support for three (3) years to Dell Computer Corp., for a total cost of $18,075.00, via Florida State Contract #250-040-96-1. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Purchase of Dell Lan server with support for three (3) years to Dell Computer Corp. via Florida State Contract #250-040-96-1 for a total cost of $18,075.00. Funding from account #001-1~~ .....~.~ Determination of Consistency w~th'C%3miprehenslve Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~igO Funding alternatives: (if applicable) Account No. & De.scription: Account Balance: ~ ~(Ol 0'50 ' City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: .~1{,7 Richard Zuccar9, Management Information Systems Manager '~r- Thru: Joseph Saff~nance Director Subject: Capital Expenditure - MIS LAN Server Date: April 22, 1997 Backround: The current LAN server was purchased in August, 1993, with the necessary hardware resources to accommodate the City's automation needs at that time with an anticipated growth to approximately 97 to 110 maximum number of clients (users). Anticipating continued growth we requested a new more powerful LAN server in this year's (FY 96-97) budget. We are currently supporting approximately 175 clients and operating at 97% resource utilization at peak periods and we have yet to add the City Clerk's Office. As a result of the increased demands and added functionality, we are beginning to experience hardware problems and poor performance. Additionally, our current DELL 486 Lan Server does not qualify for DELL's 4 hour critical support, which is essential to provide the necessary services to so many of the City's Departments. Excessive downtime would have a severe impact on the City's operations. Recommendation: I strongly recommend the acquisition of the new Dell LAN server as configured (Dell quote attached), to provide the necessary resources to maintain good performance, functionality and anticipated growth. This acquisition will also include Dell's critical support for three years. The current server, will be used to support less critical tasks, i.e., LAN administration. I am requesting City Commission approval for the new LAN server in the amount of $18,075, State Contract #250-040-96-1, which includes critical (4 hour) support for three years. js server 84/21/97 11:17:13 I)ELLFfiX 1-1-> SG1 2.43 3774 DELL COMPUTER CflRP Page 082 QUOTATION MR GREG WELCH kpril 21 1997 CITY OF DELRAY BEACH 100 N W 1ST kVE DELRAY BEACH, FL 33444 UNIT EXTENDED SKU # DESCR/PTION PRICE PRICE 220-4167 Dell PowerEdge 6100 Base with 8,974.00 8,974.00 200 MHz and 512K Cache, ~edundant 310-0017 Microsoft System Mouse, 19.00 19.00 w/Disks Not Factory Installed 310-1234 WIN95 Spacesaver Quiet Key, 104 Key Keyboard, Factory Installed 310-6505 8X SCSI CD-ROM, Factory Installed 311-1409 32MB Parity SIb~4, 2 SIb~4$, 186.00 186.00 PowerEdge Expandable RAID Controller 311-1418 Dell PowerEdge 6100, 80521EX Terminator Card, Factory Install 311-1420 128MB RAM, SIMM, for Dell =~4~ .nn~ =:~=.~nn PowerEdge 6100, Factory Install 320-0019 Ultrascan 1000HS, Model 700.00 700.00 D1025HT, With 15.9" Viewable Image Size, Color Monitor 340-5863 4/32gb scsi tape backup, 1,495.00 1,495.00 DDS2/DAT Autoloader with 4 " ' I Cartridge Magazine, .... For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you with faster service when you are ready to place your order. K-YrLE lq.USH Quote #: 11614684 Prices and ta× rates are subject to ch@~§e. Business Leasing Program is provided by Leasing Group Inc.;Leasing Fee-S35 Customer #: 1015934 I)EI.I. MARKETING L.P. ONE DEI.I. WAY, ROUND ROCK, TX 78682-0584 (800) 981-3355 (TEL) (800) 365-5329 (FAX) aav-c hvt/Z1/97 11:17:4G DELLF~X 1-1-> SG1 243 3774 DELL EONPUTE~ COmP Page 003 QUOTATION ~ GREG WELCH April 21 1997 CITY OF DELRkY BEJ%CH 100 N W 1ST kVE DELRA¥ BEACH, FL 33444 SKU # QTY DE SCRI PTI ON UNIT EXTENDED P~ICE PRICE Factory Installed 340-5888 1 4GB SCSI Hard Drive, $Ck, for 1,028.00 1,028.00 Dell PowerEdge Servers, Factory Install 340-5888 1 4GB SCSI Hard Drive, SC2~, for 1,028.00 1,028.00 Dell PowerEdge Servers, Factory Install 340-5888 1 4GB SCSI Hard Drive, SCk, for 1,028.00 1,028.00 Dell PowerEdge Servers, Factory Install 340-5891 1 1.44~B Floppy Drive, Factory Installed 340-5898 1 RAID 5, kll Same Size Drives, Single Volume 340-6104 1 PERC, PCI/S, Dual for Dell 1,215.00 1,215.00 PowerEdge 6100, Factory Install 365-1234 1 ~eadyWare Installation Fee 14.00 14.00 per System 420-3019 1 No Operating System for Poweredge 4100 430-0004 1 IB~ Lanstreamer, PCI 298.00 298.00 Token R/ng kdapter Factory Installed 900-5190 1 BusinessCare Plus Initial Yr., 686.00 686.00 I 4-HOur 5xi00n~Si't~ service* .... For your convenience, we have listed your sales represent~ive. Sales Aepresentative: your quote number and your customer number which will provide you with faster se~ice when you are ready to place your order. KY]bE AUSH Quote #: 11614684 Prices and lax rates are subjec! to change. Business Leasing Program is provided by Leasin9 Group Inc.:Leasing Fee-S35 C~stom~ #: 1 0 15 93 4 DEI~L MARKETING L.P. ONE DELL ~VAY, ROUND ROCK, TX 78682-0384 (800) 981-3355 (TEL) (800) 365-5329 (FA_X) m;v.c ~/Z1/97 11:18:19 DELLFfiX 1-1-> 561 Z43 3774 DELL COMPUTEE CDEP Page 004 QUOTATION PS{ GREG WELCH 3~pril 21 1997 CITY OF DELRkY BE/%CH 100 N W 1ST kVE DELRkY BEkCH, FL 33444 S~3J # QTY DESCR~ PTION UNIT EXTENDED PRI CE PR~ CE 900-5192 1 BusinessCare Plus Years 2 & 3, 749.00 749.00 4-Hour 5x10 On-Site Service 900-4915 BusinessCare Initial Year, .00 .00 DirectLine - kdvanced Network Operating System Phone Support Quantity 5 Resolutions 900-7095 DEC On-Site Validation .00 .00 This quote is subject to the terms of the agreement signed by you and Dell: or absent such agreement, is subject to the applicable Dell standard terms of sale. SUB TOTkL 18 , 074 . 00 TAX .00 SHIPPING & HANDLING . 00 OTHER .00 Thank you for calling Dell TOTAL $18,074.00 A~OUNT FINANCED 18 , 074 . 00 MONTHLY PkY~ENT 665.12 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you with faster service when you are ready to place your order. KYLE RUSH Quote #: 11614684 Prices and tax rates are subject to change. Business Leasing Program is provided by Leasing Group Inc.:Leasing Fee-S35 Customer #: 1015934 DEI.L MARKETING L.P. ONE DELL YVA'Y, ROUND ROCK, TX 78682-0384 (801t) 981-3355 (TEL) (800) 365-5329 (FAX) ~v-c System In-Depth powerEdge 6100 Page 1 of 4 Features of the Poweri:dge 6100. The Dell PowerEdge 6100 server delivers the high performance that you and your users need while maintaining the industry standards you require for today's business applications. Powered by up to four Pentium® Pro processors and expandable to 4GB of memory, the PowerEdge 6100 is more than capable of supporting the most demanding of your mission-critical applications. With six 3.5" hot-pluggable hard drive bays, this scalable system can support up to 342GB of storage. Six PCI and four EISA expansion slots designed with industry-standard compatibility also ensure that the 6100 will expand to meet your growing enterprise needs. To protect your valuable data, the high availability features of the PowerEdge 6100 ensure a robust platform with maximum uptime--ready for launching your business-critical applications. And the optional PowerEdge Expandable RAID Controller (PERC) offers even more flexibility as your network grows, providing enhanced data protection and higher overall performance. We've also designed this system to keep your costs down by including a variety of manageability and serviceability features in an easy-access chassis. The PowerEdge 6100 is a powerful solution for your application needs, designed to grow with your network while maintaining its value over the life of the server. Processor The powerful Pentium Pro processors deliver unmatched performance in an industry-standard server. · Up to four 200-MHz Pentium Pro processors · 512K integrated cache in every processor · Intel® MPS 1.4 compliant Memory Scalable for future growth, Error Checking and Correcting memory ensures data integrity. · 64MB ECC SIMMs standard, upgradeable to 2GB ECC · Upgradeable to 4GB with DIMM memory upgrade board ( i Q97) I/O Subsystem The industry-standard l/O subsystem provides flexible expansion for future growth. · Dual-peer PCI delivers high performance and reduces server l/O bottlenecks with two separate PCI buses · 120TM ready, able to support the higher performance of the next generation of I/O peripherals · Six PCI, and four EISA expansion slots, none shared Network Interface Controllers Optimize your network throughput with these tested and proven NICs. · lntel EtherExpress Pro 10/100 PC1 4/16/97 3:34:35 PM " S~stem In-Depth.PowerEdge 6100 Page 2 of 4 · IBM Token Ring 16/4 PCI · Redundant NIC load balancing software optimizes throughput and removes bottlenecks (optional) Coming Soon: · 3Corn 3C900 EtherLink® 10 PCI · 3Com 3C905 EtherLink® 10/100 PCI SCSI Controllers Ultra SCSI delivers the flexibility and performance that application servers require. · Two integrated Ultra/Wide SCSI-3 controllers for increased data throughput, allowing customers to balance SCSI peripheral traffic across the two controllers · PowerEdge expandable RAID Controller delivers higher performance, data protection and flexible expansion (optional). Click here to learn more. Hard Drives These high performance SCSI drives are hot-pluggable, making upgrading or servicing a snap. · Six 3.5" hot-pluggable hard drive bays · 2GB or 4GB Ultra/Wide SCSI-3 (9GB Ultra/Wide SCSI-3 drives coming soon) · Up to 342GB of total storage capacity for the system, internal and external Removable Media Flexible access for industry-standard removable media components. · Four front-accessible 5.25" peripheral bays · 8X SCSI CD-ROM standard · 1.44MB diskette standard · Optional DLT and DAT tape drives available Chassis Design Designed for easy serviceability with plenty of room for expansion. · Easy-to-service, floor-standing or rack-mountable chassis · Four front-accessible 5.25" peripheral bays Power Supply Capable of supporting even the most demanding of configurations. · Delivering 700 watts of reliable power · Hot-pluggable, redundant 700 watt power supply (optional) Availability Features Redundancy in critical components ensures continuous operation and online service without interruption. 4/16/97 3:34:35 PM System In-Depth PowerEdge 6100 Page 3 of 4 · PowerEdge Expandable RAID Controller (PERC) supports RAID 0, 1, 5, and 10 with online capacity expansion, allowing customers to increase drive arrays without taking the server down and interrupting users · Redundant, hot-pluggable power supplies remove the power supply as a single point of failure · Individual power cords further increase the redundancy of the power supplies · Redundant, hot-pluggable cooling fans make service replacement simple · Redundant NIC sofl~vare (optional) Advanced Integrated Server Management Advanced system monitoring and alerting ensure reliable, consistent server operation. · Fault monitoring of voltage, fan, and thermal conditions to ensure notification in case of potential problems · Management of drive array under PowerEdge RAID Controller · Tracks memory errors that have been corrected by the ECC memory · Automatic Server Recovery will reboot and restart the server if the OS hangs--without user intervention · User-definable OS thresholds can be set, allowing administrators to rune systems and eliminate bottlenecks in performance · Console alerting through LANDesk Server Manager keeps administrators informed of server performance or potential problems · Asset management features allow customers to inventory server configuration, CPU, memory and disk · PowerEdge Server Assistant included with every server--the quickest way to get your PowerEdge server up and running · Optional Server Monitor Module allows out-of-band management of server with complete hardware and software independence--even if the server experiences loss of power Network Operating Systems Support Our close partnerships with leading network software vendors ensure a reliable and supported platform for the leading operating systems. · Windows NT® Server 3.51 & 4.0 · Novell®Netware®4.1 and4.1 SMP Exceptional Service and Support DeWs award-winning service and support includes flexible upgrade options to protect your server. · Three year limited warranty: one year labor, three years parts · Next business day response standard · File server installation standard · BusinessCare four hour response upgrades available (5x10 and 7x24 options) · DirectLine network operating system support upgrades available 4/16/97 3:34:35 PM " P6werEdge 6100 Service Plans Page 1 of 3 PowerEdge 6100 Service Plans. Standard Business Business Care Business Business Care Plus - Care Plus - Care Upgrade 5xlO 7x24 Labor year 1 next day next day 4 Hours, 5x10 4 Hours, 7x24 Labor year 2-3 next day 4 Hours, 5x10 4 Hours, 7x24 Farts year 2-3 next day next day 4 Hours, 5x 10 4 Hours, 7x24 DirectLme * 1 year contractI year contract1 year contract I year contract Dh-site included at included at included at validation delivery delivery included at delivery delivery Standard Warranty Business Care PlusBusiness Care Warranty Upgrade - 5Xl O Plus- 7X24 What has :hanged from Add labor in Add 4hr service Add 4hr service standard year 2-3 (5x10) for 3 years(7x24) 3 years Other services: Description: Set-up/Validation Initial set up and validation of system components (pre-defined check list)- Standard on PowerEdge 6100, optional one100 and 2100 Full Installation Full network installation of server, load NOS, test cabling, user ID's, etc. Remote Monitoring Service Allows Dell technicians to provide a number of remote services via modem to the customer. Premier Access Customers with dedicated internal support organizations may choose to enroll in the Premier Service program to receive 2nd level support, rapid dispatching and spare parts stocking assistance. Dell Service and Support for the PowerEdge 6100 Server is the ideal solution for high-end networking needs. Deli's BusinessCare three-year service plan provides four kinds of protection: one year of next-business-day On-site Service; two additional years of Parts Delivery Service (upgrade to on-site service in years 2 and 3 for a mere $149); five full resolution calls to DirectLine* network operating system (NOS) support; plus Dell's on-site validation service at point of&livery. * Dell's DirectLine network operating system (NOS) support service provides quick access to specially-trained network technicians. Your calls are handled directly by a technician who has been certified by the developer of the network operating system you are running. Next day service: Calls received before 7:00 PM CST, will be dispatched for response next business day. 4 hour service - 5x 10 contract: Calls received before 4:00 PM local customer time, will be dispatched for response same business day. 4 hour service - 7x24 contract: Calls received at any time 4/16/97 3:35:30 PM " PtwerEdg¢ 6100 Service Plans Page 2 of 3 around-the-clock will be dispatched for a four hour response. Dell Bulletin Board, On-line Services, AutoTech and TechFax Ask technical questions 24 hours a day on Prodigy, CompuServe, America On Line and the Web server via the Internet; or, dial up to Dell's bulletin board anytime for technical information that is menu-driven and fully interactive. AutoTech, an interactive voice response unit, designed to answer frequently asked questions, and TechFax fax back service are also available 24 hours a day to provide answers to technical questions and are toll-free. On-site Validation Service The PowerEdge 6100 also comes standard with a new service that is automatically bundled in every 6100 sale · On-site Validation Service. After the purchase of a Poweredge 6100 system, the customer will receive an on-site service call to validate and test the system before user installation. An Engineer will arrive on-site and: · Unpack the system. · Check for damage and accuracy of components. · Run diagnostics to test all major system sub-assemblies. · Repair or replace any critical component damaged in shipment.* · Provide the user a briefing on system startup. * Only in 4hr service areas, non-critical parts replacements and service outside of the 4hr service area will occur next business day. Optional On-Site Services. BusinessCare Plus BusinessCare Plus is an enhancement of BusinessCare service that replaces the first year of next business day on-site service to 4 hour, same day, on-site service in the first year. BusinessCare Plus also replaces the second and third year of parts delivery service with 4 hour same day on-site service. Deli BusinessCare Plus is a Three Year Service Plan with 4 hour, same day, on-site response, on all Dell PowerEdge systems (only) and includes 5 DirectLine resolutions calls. · Three years of 4 hour response, on-site service from 8:00 AM to 6:00 PM, Monday through Friday, or, · Three years of 4 hour response, on-site service 24 hours a day, seven days a week. · 12 month contract for 5 DirectLine network support hotline resolutions. Features: · Optional coverage of business hours, Monday to Friday, or, 4/16/97 3:35:30 PM P6werEdge 6100 Service Plans Page 3 of 3 around the clock, 7 days per week. · Customer can contact Dell by 4:00 PM, local customer time, to receive same day response. · 4 Hour Response contract is enacted immediately when customer receives system. ·Three years of Dell award-winning service and support - standard! · Maximum uptime with 4 hour on-site response in over 35 metro Fileserver Installation Dell offers a robust solution if the customer elects to have Dell provide a complete server and NOS installation for a competitive fee. This includes a full server installation package wherein a Service Engineer will be dispatched to the customer's site for a full day of file server, operating system, and peripheral installation. Standard features include the following, however, some level of customization can occur within the one day on-site timeframe. Features: · Format and partition server hard disk to customer specifications. · Install and configure NIC. (if applicable) · Install Microsoft NT Server/Novell Operating System. (if applicable) · Load Disk drivers, load and bind NIC drivers. · Attach to server from a workstation and verify Iogin. · Load UPS Monitoring software (if applicable) · Test automatic shutdown of operating system and reboot features &UPS. Dell Premier Access Program This service offering is available for IS Professionals that wish to support PowerEdge 6100 systems. Services include access to parts dispatch without lengthy troubleshooting procedures and immediate access to Advanced Technical Support for more complex issues. Third Party, Self Maintainers and Resellers can also participate in the Dell Premier Access Program by becoming a Dell Premier Service Provider. Dell Premier Service Providers receive labor reimbursements, parts management assistance, spare parts discounts and more. FINO H ONli~ ONtlNI; Srol~[ S~I[~CI[ & SU I~O~,T C<~Lx ri,_.Z.,ht 1997 Dell Computer Corporation. All righLs reserved. ( re_tm s o f ~s~ ) 4/16/97 3:35:30 PM The Dell Store --.Shoppi.ng Cart Detail Page I of 2 Here is a detailed description of the system you selected that has been added to your shopping cart during this store visit. To complete your order online, return to the previous shopping cart page and select Purchase. Then provide the requested address and payment information. If you prefer, you can complete the processing of your order via phone or fax using the numbers listed at the bottom of this page. If you wish to change system specifications, add to your order, or remove items from your cart, simply return (Back) to the online shopping cart and make the appropriate selections. COMPUTER: 200MHZ Processor w/Redundant Power Supply BASE PRICE: $I 6453 QUANTITY: 1 TOTAL PRICE: $16453 I)ell PowerEdge 6100 Server: 200MHZ Processor w/Redundant Power Supply 76200R1 - [460-0403] Processor: Stngle Processor Installed 1PROC - [311-1418] Memory: 128MB RAM, 4 X 32 SIMMS 128M - [311-14201 Keyboard: Per~brmance 104 Key Keyboard ?- [310-00381 Vlonitors: 1000HS 'l~nmtron Momtor, 15.9 inch V~ewable Image S~ze 10HT- [320-00191 Hard Drives: 4(313 SCSI Ultraw~de Hard Drive ~SU - [340-76761 ~econdary Controller: [~;xpandable RAID Controller (Cache select~on REQUIRED) ?ERC- [340-6104] Iqoppy Drive: 1.44MB Iqoppy Drive 3- [340-5891] ~perating System: No Operating System xl - [420-3019] ~lice: Logitec System Mouse LDN - [310-00161 'qetwork card: IEIM Lanstreamer PCI loken R~ng Adapter i3 - [430-0004] I'ape Drive: ;GB SCSI DAT Internal Tape I)r~ve (SGB with compression) , lB4 - { 340-13001 Ell ROM Drive: gX SCSI CD-ROM 27D8S - [310-6505} Secondary Hard Drives: ;(/1~1 SCSI 2nd Hard Drive ISU - [340-7676] Secondary Controller Cache: 32MB RAM Cache lor Expandable RAID Controller q:~RC32 - [311-1409] Hard Drive Configuration: a, ll onboard, ltd Increasing k'l - [340-5892} Service: t Yr Business Care Plus 5x 10 On-S~te Svc )BC5 X~ 0 - [900-51901 [9O0-51921 Network Operating System Support: )irectLine - 1 year / 5 resolutions )L5 - [9{){)-4915] Install: )EC On-S~te Vahdation DOSV - [900-70951 Ready Ware: ReadyWare Installation Fee per System RW -[365-~ 234J Have questions or concerns about buying online ~?om Dell.com, or prefer to talk to a Dell representative before completing your system purchase? E-Mail Phone Fax 4/16/97 5:16:39 PM I> 0 ~o~o~oo ~ ~ ~ ~ ~ ~ ~ ~ oo Agenda Item No. AGENDA REQUEST Date: April 29, 1997 Request to be placed on: Workshop Agenda When: May 6, 1997 XX Regular Agenda Special Agenda Description of item (who, what, where, how much): Staff requests Commission approval of a sole source purchase of Access Manager and Transparent Gateway Database Integration Software from Oracle in the amount of $27,748. These two programs will provide a real time interface between the AS 400 and Hansen oracle databases. Both platforms share data required by various applications. The proposed interface software will allow not only conversion of one platform to the other, but instantaneous updating between platforms as various users input information. The sole source is necessary to maintain optimal compatibility with existing software. Funding is from Utility New Capital Account No. 441-5161-536- 66.10, Software. (Budget transfer attached.) ORDINANCE/RESOLUTION REQUIRED: YES(~) DRAFT ATTACHED YE~) Recommendation: Staffrecommends approval of_Oracle Software purchase. DEPARTMENT HEAD SIGNATURE: . ~r/q ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding availabl~NO Funding alternatives (if applicable)_, c Account No. & Des~cription qq~ Account Balance -52q,q,~3 q4qc~t --k-o~s4~- ,fr0~ tlql --~11ol -S3t~.lo3-qo City Manager Review: Approved for agenda:/~0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Acting ESD Director SUBJECT: DATABASE ACCESS INTEGRATION DATE: April 29, 1997 As you are aware, we recently purchased the Hansen Inventory Management System software which provides the capability of establishing an inventory database for our water and sewer systems. Modules purchased also included Public Works applications (Streets and Drainage) as well as Parks and Recreations applications. Once established, the database will contain all systems information such as system component locations, dimensions, materials and maintenance history. Preventive maintenance programs can then be established, tracked and administered for all system components (hydrants, sewer rehab, water mains and valves, pumps, lift stations, etc.) with work orders being generated by Hansen. Clearly, the key to the expedient implementation and ultimate success of this critical systems management tool is the accelerated establishment of the database and its subsequent maintenance. Since portions of the information needed for the Hansen database exist in alternate formats on the AS400 in Utility Billing, Land Management and other applications, provisions were made in negotiating the Hansen purchase for a one time conversion of this data to the Oracle database format on which platform Hansen is based. While these data conversion services will assist in accelerating establishment of the database to some degree, the conversion will be limited to certain areas of the AS 400, and will provide no means for maintaining the Oracle database's currency as new information is added to the AS 400 applications. Neither will it provide an interface for maintaining the currency of the AS 400 with information within the Hansen database as it is developed. Accommodating the maintenance of either platform would require iterative conversion by the vendor at some determined frequency to ensure that users of each database are working with current information. This removes a great deal of control of the system from the City creating a potentially costly long term reliance on vendors. The attached memo and backup materials from M.I.S. describe two platform integration products available through Oracle which will provide the City with complete control of not only a wider range of data conversion capabilities, but a real time transparent interface between platforms which will update each database instantaneously as information is added. These products will allow all database maintenance to be performed by the City with no reliance on vendors for additional services incurring future periodic costs. It is our opinion that the proposal by M.I.S. will significantly enhance implementation and operation of the Hansen Program, and we recommend purchase of the Oracle Platform Integration products. Total cost for the combined Oracle Access Manager and Transparent Gateway software is $27,740.00, which includes one year technical support. This will be a sole source purchase to ensure compatibility with existing systems. Funding for this purchase is available in Utility New Capital Account No. 441-5161-536-66.10 (budget transfer attached). Please place this item on the May 6, agenda for consideration by the City Commission. RCH:cl cc: Joseph Safford Richard Zuccaro Robert Phillips To: Richard Hasko, Acting Engineering/Utilities Director From: Paul Blair Fleetwood, Systems Analyst ~_/~ Gregory A. Welch, Systems Administrat~.~,?.'~l~ Through: Richard Zuccaro, MIS Manager Date: 21 April 1997 Subject: Oracle connectivity products to aid integration of Hansen applications Please find attached price quotations from the Oracle Corporation for the Oracle Server / IBM DB2/400 database connectivity products described below. There is one quotation for each product and a third showing the products bundled at a higher discount. The Oracle Access Manager for AS/400 product will enable us to develop programs on the AS/400, with the tools and expertise already at our disposal, that will update the Hansen applications with current information from the HTE applications on the AS/400. Changes to the data would be replicated virtually instantaneously. This would provide complete concurrency with employee job information, properties, and parts ordered through Purchasing. In addition, we will be able to institute additional enhancements such as the generation of Hansen work orders from the Utility Billing application. The Oracle Transparent Gateway for DB2/400 offers the same functionality as the former product but in reverse. With this product we will be able to create programs in the Oracle environment that will immediately update the HTE applications with information from the Hansen applications such as new water meters and status and completion information for Utility Billing generated work orders. As part of the system purchase Hansen was contracted to perform conversion services for employee job information, from Payroll/Personnel; addresses, from Land Management; water meters, from Utility Billing; and fire hydrants, from a database provided by consultants who performed an inventory for the City. To perform the conversion Hansen would require us to create an export file of the Hansen database, and send this plus all of the data to be converted to them and then they would load the data and return the populated database. We consider this method to be substandard. From the time the export file would be created until the time it was returned and reloaded, the Hansen application would be unusable. We would not be able to use real data in the training database without incurring additional charges for having the same process performed a second time. Typically in a conversion process, the vendor provides one or more programs to the customer that they can execute to perform the conversion on- site when they choose and the customer may do so repeatedly if they wish. If the City elected to contract Hansen for further conversion services, we would be faced with steep hourly rates for programming plus additional charges based on the volume of data to be converted. We have not dealt with any other software vendor that uses this sort of pricing structure. With the more typical method of performing conversions described above, the customer is actually performing the conversion, so no volume charges could be incurred. Additionally, Hansen has been contracted to provide reusable interface programs for only two of the applications. Once the conversion is performed, the other applications would not be provided with any further data updates. The interfaces would require one or more employees to take on the task of preparing export files from the HTE applications and running the interface programs on some routine schedule, thus there would be lag time between changes in the HTE applications being reflected in the Hansen data. Additionally, these interfaces have not been guaranteed to function with future releases of the Hansen applications or the Oracle database. If we were to contract Hansen to create any additional interface programs, we could certainly do so for a price, but with the same limitations on functionality. And Hansen will only create interfaces that bring data into their applications; they provide no means for copying data out of the applications for update of our AS/400 applications. The advantages provided by the tools that we recommend purchasing are manifold. We will be able to perform all conversions in-house and as often as needed to allow for current data in both the live and training databases. We can populate additional parts of the applications with data that was not planned for conversion, thus reducing manual data entry and its associated impact on the implementation schedule. We can implement interfaces for all data common to Hansen and HTE applications and the updates will be immediate. We will not be dependent on the application vendors to provide compatibility with new releases. We can create interfaces to update HTE applications with data from the Hansen applications. We can create sophisticated bi-directional interfaces such as is needed for synchronizing Utility Billing and Hansen work orders. We can develop reports and inquiries in either environment that contain data merged from either environment or both. These products leverage the tools and skills we already have. The AS/400- based product allows us to work completely within our area of expertise. The Oracle-based product is running in a different environment, but programming is done in SQL (Structured Query Language) which is an industry standard language that we are quite experienced with. Additionally, one of us has recently attended training at the Oracle Education Center in Orlando specifically for the purpose of becoming familiar with the differences between these environments. If funding can be arranged, we recommend purchasing both of these products at the earliest opportunity. The prices shown on the quotation reflect discounts being offered at Oracle's fiscal year end. These prices are only valid through 20 May 1997. If only one of the products can be funded at this time, we recommend purchasing the Oracle Access Manager for AS/400 and budgeting for the Oracle Transparent Gateway for DB2/400 for next year. The former is the most critical portion. The City agreed to pay Hansen $6,400 for conversion and interface services. They've spent very little time on this so far, the actual conversion development is not expected to begin for two weeks, and we have not been invoiced. If we acquire the Oracle products, we will have no need for the Hansen services, however there will be additional user licenses and training required in the future, so we will need to come to some arrangement with Hansen sales. attachments cc: Joseph M. Safford, Finance Director ~...,,~ 1%, F '~ ~... L---- ~.-- Page: I of 2 Effective Date: 16-APR-97 Customer CITY OF DELRAY BEACH Location: 100 NW FIRST AVENUE DELRAY BEACH, FL 33444 Contact: PAUL FLEETWOOD Phone: 561-243-7142 Fax: 561-243-7166 End User: CtTY OF DELRAY BEACH 100 NW FIRST AVENUE DELRAY BEACH, FL 33444 Contact: PAUL FLEETWOOD ORACLE CONTRACT INFORMATION [ ] Agreement: Effective Date: DESIGNATED SYSTEM Make/Modeh IBM AS 400 Media Type: CART 8mm Operating System: OS/400 CSI Number: Qty License Quantity& Sh~pped Level Programs License Type List Each Disc. Extended Net I Full Use Access Manager for AS/400 1 Computer 15,000,00 25% 11,250.00 1 Full Use Oracle Transparent Gateway for 1 Computer 15,000.00 25% 11,250.00 DB2/400 Sub Total: 22,500.00 Initial I Year Bronze Annual Technical Support 6,400.00 18% 5,248.00 Total License Fee Due: 22,500.00 Total Technical Support Fee Due: 5,248.00 Total Additional Fees Due: Total Fees Due: 27,748.00 USD TECHNICAL SUPPORT Annual Technical Support services ordered by Customer will be provided under Oracle's Technical Support po:licies and pricing in effect on the date Technical Support is ordered and shall be effective upon shipment (or upon Order Form Effective _Date for products not requiring shipment); first year Technical Support is quoted above, # ordered. Fees for T~.~hnical Support are due and payable annually in advance. "Computer": licensed for use on a single specified computer. "Processor": shall be defined as the actual number of processors installed in the licensed Computer and running the Oracle Programs, regardless of the number of processors which the Computer is capable of running. "Full Use Programs" are unaltered versions of the Programs with all functions intact. MISCELLANEOUS Oracle shall deliver to the Customer Location, for use in the United States the number of copies specified above of the software media and Documentation (CD-ROM or bound whichever is generaliyavailable) ("Master Copy") for each Program currently available in production release as of the Effective Date for use on the Designated Systems Customer shall have the right to make up to 1 copy of the Program(s), including Documentation, for each'license of the P~ogram(s) and Customer shall be responsible for installation of the software. All fees due under this Order Form shall be due and payable net 30 days from date of invoice, and shall be noncancelable and the sums paid nonretundable. Customer agrees topay ,'~pplicable sales/use tax, media and shipping charges, The following shipping terms shall apply: FOB Destination, Prepaid and Add. These terms shall also apply to any options exercised by Customer. Page: 2 of 2 Effective Date: 16-APR-97 Customer CITY OF DELRAY BEACH Thank you for your interest in Oracle. If you have any questions please contact Michael O'Connor, your Oracle Sales Representative, at at 415 6,33 4368. Customer and Oracle agree that the terms and pricing of this Quote shall not be disclosed without prior written consent of the other party. This quote is valid through May 20, 1997 and shalt become binding upon execution by Customer and acceptance by Oracle. Page: I of 1 Effective Date: 16-APR--97 Customer CITY OF DELRAY BEACH Location: 100 NW FIRST AVENUE DELRAY BEACH, FL 33444 Contact: PAUL FLEETWOOD Phone: 561-243-7142 Fax: 561-243-7166 End User: CITY OF DELRAY BEACH 100 NW FIRST AVENUE DELRAY BEACH, FL 33444 Contact: PAUL FLEETWOOD ORACLE CONTRACT INFORMATION [ ] Agreement: Effective Date: DESIGNATED SYSTEM Make/Model: IBM AS 400 Media Type: CART 8mm Operating System: OS/400 CSI Number: Qty License Quantity& Shipped Level Programs License Type List Each Disc. Extended Net 1 Full Use Access Manager for AS/400 1 Computer 15,000.00 18% 12,300.00 Sub Total: 12,300.00 Initial 1 Year Bronze Annual Technical Support 3,200.00 18% 2,624.00 Total License Fee Due: 12,300.00 Total Technical Support Fee Due: 2,624.00 Total Additional Fees Due: Total Fees Due: 14,924.00 USD TECHNICAL SUPPORT Annual Technical Support services ordered by Customer will be provided under Oracle's Technical Support policies and Ddcing in effect on the date Technical Support is ordered and shall be effective upon ship. ment (or upon Order Form Effective _Date for products not requiring shipment); first year Technical Support is quoted above, If ordered. Fees for Technical Support are due and payable annually in advance. "Computer": licensed for use on a single specified computer. "Processor": shall be defined as the actual number of processors installed in the licensed Computer and running the Oracle Programs, regardless of the number of processors which the Computer is capable of running. "Full Use Programs" are unaltered versions of the Programs with all functions intact. MISCELLANEOUS Oracle shall deliver to the Customer Location, for use in the United States, the number of copies specified above of the software media and Documentation (CD-ROM or bound, whichever is generallyavailable) ('~Master Copy") for each Program currently available in production release as of the Effective Date for use on the Designated Systems. Customer shall have the righlto make up to 1 copy of the Program(s), including Documentation, for each-license of the Program(s) and Customer shall be responsible for installation of the software. All fees due under this Order Form shall be due and payable net 30 days from date of invoice, and shall be noncancelable and the sums paid nonrefundable. Customer agrees topay applicable sales/use tax, media and shipping charges. The following shipping terms shall apply: FOB Destination, Prepad and Add. These terms shall also apply to any opbons exercised by Customer. Thank you for your interest in Oracle. If you have any questions please contact Michael O'Connor, your Oracle Sales Representative, at at 415 633 4368. Customer and Oracle agree that the terms and pricing of this Quote shall not be disclosed without prior written consent of the other party. This quote is valid through May 20, 1997 and shall become binding upon execution by Customer and acceptance by Oracle. ORACLE: ouo, ,: Page: 1 o~ 2 Effeotive Date: 16-APR-g? Oustomer CITY OF DELRAY BEAOH Location: 100 NW FIRST AVENUE DELRAY BEACH, FL 88444 Oontact: PAUL FLEETWOOD Phone: 561-243-7142 Fax: 561-248-7166 End User: CITY OF DELRAY BEACH 100 NW FIRST AVENUE DELRAY BEACH, FL 33444 Contact: PAUL FLEETWOOD ORACLE CONTRACT INFORMATION [ ] Agreement: Effective Date: DESIGNATED SYSTEM Make/Model: IBM AS 400 Media Type: CART 8mm Operating System: OS/400 CSl Number: Qt¥ License Quantity& Shfpped Level Programs License Type List Each Disc. Extended Net 1 Full Use Oracle Transparent Gateway for 1 Computer 15,000.00 18% 12,300.00 DB2/400 Sub Total: 12,300.00 Initial 1 Year Bronze Annual Technical Support 3,200.00 18% 2,624.00 Total License Fee Due: 12,300.00 Total Technical Support Fee Due: 2,624.00 Total Additional Fees Due: Total Fees Due: 14,924.00 USD TECHNICAL SUPPORT Annual Technical Support services ordered by C~stomer will be provided under Oracle's Technical Support policies and pricing in effect on the date Technical Support is ordered and shall be effective upon ship. ment (or upon Order Form Effective Date for products not requiring shipment); first year Technical Support is quoted above, ~f ordered. Fees for Technical Support are due and payable annually in advance. "Computer": licensed for use on a single specified computer. "Processor": shall be defined as the actual number of processors installed in the licensed Computer and running the Oracle Programs, regardless of the number of processors wh(ch the Computer is capable of running. "Full Use Programs" are unaltered versions of the Programs with all functions intact. MISCELLANEOUS Oracle shall deliver to the Customer Location, for use in the United States, the number of copies specified above of the software media and Documentation (CD-ROM or bound whichever is generallyavailable} ("Master Copy") for each Program currently avai{able in production release as of the Effective Date for use on the Designated Systems. Customer shall have the dghtto make up to I copy of the Program(s), including Documentation, for eachlicense of the Program(s) and Customer shall be responsible for installation of the software. All fees due under this Order Form shall be due and payable net 30 days from date of invoice, and shall be noncancelable and the sums paid nonrefundable. Customer agrees topay applicable sales/use tax, media and shipping charges. The following shipping terms shall apply: FOB DestInation Prepaid and Add. These terms shall also apply to any opt,~ons exercised by Customer. ' ORACLE:. Page: 2 of 2 Effective Date: 16-APR-97 Customer CiTY OF DELRAY BEACH Thank you for your interest in Oracle. If you have any questions please contact Michael O'Connor, your Oracle Sales Representative, at at 415 633 4368. Customer and Oracle agree that the terms and pricing of this Quote shall not be disclosed without pdor wdtten consent of the other party. This quote is valid through May 20, 1997 and shall become binding upon execution by Customer and acceptance by Oracle. Oracle Access Manager' for AS/400 The Oracle Access Manager for AS/400 enables AS/400 applications to access data on both the AS~400 and remote Oracle servers. The Oracle Access Manager for AS/400, a member of the Oracle Open Gateway"' product family, facilitates enterprise-wide information management by integrating your AS~400 applications and data with distributed data on desktop and UNIX systems. DSTMSQL 3 9 ~ ~ S Challenge: Integrating Distributed Data D~TR 119 1.98 DS~ "J:~a~:; ia=to Oracle7 · Since the advent of clientJserver and open systems technology, c ~ov~ *B~ STR diverse computing environments have increasingly become C MO%~ ( P ) ~T~T STMSQL c ~l . .:,,,~.,g~ the norm. A typical computing environment today may be C HTR~2 ~ comprised of a variety of applications with data in different o~e ~s format~ and on a mix of platforms. In a single company, data Asr400 is likely to be dispersed across several mainframes, multiple mtdrange servers, and hundreds of desktop system~ Accessing and integrating these diverse environments has become the challenge of the 1990s. Olin Op Your The Oracle Access Manager for AS/400 helps you meet t this challenge by providing your AS/400 applications access to Oracle dam on any platform. Through this access, you can leverage your investment in existing AS/400 hardware and applications. The Oracle Access Manager for AS/400 comple- ments the functions of the Oracle Transparent GatewayTM prod- With the Oracle Access Manager for AS~400, AS~400 applications uct~ which allow Oracle tools and applications to access data have read and write access to Oracle 7' on any supported platform. on the AS/400. Together, these products help you fully integrate your AS/400 with all your other systems. lmn~l~r~nt With the Oracle Access Manager for AS/400, AS/400 applica- tions written in RPG, COBOL, and C can access both DB2/400 and remote Oracle dam. This access is completely transparent. AS/400 end users can read and write information without even realizing where the data resides. Ad hoc SQL statements can also be issued with the same level of transparency. Pow®rful SQL With the Oracle Access Manager for AS/400, you don't need to code to a proprietary API. Instead, AS/400 applications can interface seamlessly to Oracle using ANSI standard SQL as well as Oracle extensions~ PL/SQLTM is also supported, allowing you to call remote Oracle stored procedures from your AS/400 applications. Enabling the Infom~atlon A~e Oracle Access Manager'for A /400 Kox Features Hardware and ~oltware Requirements The Oracle Access Manager for AS/400 requires an IBM AS/400 with OS/400 V3R1 or higher and the IBM DB2/400 Query Manager and SQL Development Kit (IBM Product# 5763-ST1). Configuration Seamless Distributed Access Industry-Standard SOL · The Oracle Access Manager for AS/400 · Provides read/write SQL access from · Interface to Oracle servers using ANSI/ISO resides on the AS/400 machine the AS/400 to Oracle standard SQL, Oracle SQL extensions, and · Number of users limited only by underlying · Leverages your investment in AS/400 powerful PL/SQL extension operating system and the DBg/400 database applications by accessing both AS/400 · Supports Oracle Data Manipulation data and open systems data Language (DML) and Data Definition Network Adapters · Allows access from the IBM DB2/400 Language (DDL) · SQL*Net® provides network communica- Query Manager and SQL Development Kit tions between AS/400 applications and · Allows access from PxPG, COBOL, remote Oracle servers or C applications and from the Oracle · SQL*Net Version 2 is included with the Call InterfaceTM (OCI) Oracle Access Manager for A$/400 with · Allows multisite JOINs of data from the following adapters: multiple Oracle servers APPC/LU6.2 · Used in conjunction with Oracle Open T£P/IP Gateway products, the Oracle Access Manager for AS/400 allows your AS/400 applications to access non-Oracle data, such as Sybase, Informix, and DB2 · Supports execution of an Oracle stored procedure from DB2/400 Query Manager and SQL Development Kit ' Oiacle Transparent Gateway' for DB2/400 The Oracle Transparent Gateway for DB2~400 enables you to integrate AS~400 data into your Oracle7" distributed environment. This gateway is part of the Oracle Open Gateway"' product family, which facilitates enterprise-wide information management by providing access to the data, applications, and systems in today's diverse computing environments. Integrated Access Access to up-to-date, complete information is critical to makio~ informed business decisions. But accessing that infor- mation can be dtffficult--particularly if your data is scattered among different system.% stored in different file formats, and seemingly impossible to merge. Oracle Open Gateway technology meets the challenge of integrating multiple data storage systems Oracle Transparent Gateways create the appearance that all data resides in one local database, even though data actually may be widely distributed. You now have the power to fully inmgrate all your data to create tree enterprise information systems. You can streamline operation~ analyze data in real time, and minimize data redundancy and inconsistency. Open Up Your AS/400 With the Oracle Transparent Gateway for DB2/400, Oracle users on more than 85 different platforms have read and write access to AS/400 data. The Oracle Transparent Gateway for DB2/400 provides transparent access, making the AS/400 data appear to be part of an Oracle database. In fach end users may actually be unaware that the data resides on the AS/400. With the Oracle Transparent Gateway for DB2/400, your AS/400 is now an open system. Levels of Transparency The Oracle Transparent Gateway for DB2/400, like all Oracle Transparent Gateways, provides many levels of transparency, including: · Geographic transparency Users do not need to know the physical local:ion of data, just the names of the tables to be accessed. · Network transparency. Users can access the data regardless O~'~AC[-~' of the network protocols. Enabl~8 the ~formation ,~e Oracle Transparent Gateway for DB2/400 · Operating system transparenc~ Users do not need to know ~] the operating system on which the data resides. ~$~"~ Data storage transparenof Users can access data regardless A~/400 " of the methodology used for data storage. · Data access transparenc~ Applications can access foreign data stores using the same feature-rich language. These levels of transparency dramatically expand your ability Or'ACLU' -- ~ to access and analyze data. For example, in a single request ~,c, you can integrate sales information from Oracle7 on an RS/6000 with customer information from an AS/400 database ~ 7- 7"' }'---- V'~ . without having to know where each piece of information is ..- located or how it is stored. Such transparent data access protects your company~ investment in data and appLications, while extending your data management power. ~ _~__.~_. ,~ ~ _..~ Flexible Client/Server Architecture ::~~7~.~..'...~_-- ,'~ ~,~ -"T '-~ The Oracle Transparent Gateway for DB2/400 makes client/ ] ~, server architecture a really. You can select the most cost- effective platform to serve as the client, using tools and applt- With the Oracle Transparent Gateway for cations from Oracle Corporation and other vendors to access DB2~400, end users can integrate AS~400 ~[? an AS/400 server. And end users can enjoy access to the ~ath~ aat~O:a:~.~at~ w~th0~t ~g ~w~e or w~:*O~. ~iii; i~~ '~ user^S/4OOinte~ace, from desktop computers with easy-to-use, ~aphical Unlike other gateway products that require extensive programming and customizing, the Oracle Transparent Gateway for DB?./400 is a complete, ready-to-use solution-- with no programming necessary.. From the first da~, you can use Oracle tools, or any of the many third-party products Superior Connectivity available for Oracle'/, to access information in your AS/400 Connectivity to the AS/400 is provided by Oracle database as though it were an Oracle Server. If your require- SQL*Net,® with support for TCP/IP and APPC/LU6.2 merits change, Oracle technology makes it easy to relocate protocol~ So whether your clients a~e RS/6000 workstations your data without changing your application programs, installed with TCP/IP, or OS/2 servers with APPC/LU6.2, the Oracle Transparent Gateway for DB2/400 delivers true Sophisticamd S~rvices distributed relational database access to the AS/400. The Oracle Transparent Gateway for DB2/400, together with the Oracle7 Server, gives you a sophisticated set of Complete Security services which create the appearance that all your data resides Unauthorized access to A$/400 data is protected in a single local Oracle database. These services include SQL through a combination of Oracle7 and native OS/400 statement parsing for distribution, database link processing, security mechanisms. two-phase commit processing, data dictionary support for Oracle tools, and datatype conversion~ Access to the AS/400 Easy Data Migration With the Oracle Transparent Gateway for DB2/400, a is also available through database triggers and stored procedures and package~ single SQL statement allows you to migrate data between the AS/400 and Oracle7 database~ You can easily move The Oracle Transparent Gateway for DB2/400 and Oracle7 data from the AS/400 database to a workstation or PC also provide distributed capabilities, including multisite for data manipulation and analysi~ queries, subqueries, joins, and views--all with a single For more than a decade, Oracle Corporation has provided SQL statement. enterprise-wide data access across disparate hardware plat- A Powerful Language forms. With Oracle~ proven Open Gateway Technology, Like all Oracle Transparent Gateways, the Oracle Transparent that same data sharing is extended to include non-Oracle Gateway for DB2/400 is tightly integrated with OradeT. This dam. The Oracle Open Gateway family of products offers allows Oracles powerful SQL and PL/SQL to be used against access to many data storage systems, including DB2/MVS, the AS/400 database. You need not learn a new APl, SQL VSAM, IMS, HP Turbolmage, DEC RMS, Sybase, Ingres, language, or AS/400-specific SQL. The Oracle Transparent Informix--and the AS/400 database. Gateway for DB2/400 allows you to fully leverage your Oracle knowledge today, and exploit Oracle language enhancements in the future. Oracle Transparent Gateway for DB2/400 Key H~rdw,ro and Soltware Requirernen~ The Oracle Transparent Gateway for DB2/400 requires an IBM AS/400 with OS/400 V2R3 or higher, and an Oracle7 Server running on any supported platform. SQL*Net TCP/IP requires IBM TCP/IP. IBM's SQL/400 licensed program is not required. ConflgurotJon DBA Facilities Supported Tools · The Oracle Transparent Gateway for · Complete site autonomy * Oracle BrowserTM DB2/400 resides on the AS/400 machine · Access control on a per-user basis · Oracle FormsTM · Number of users limited only by underlying * No need to duplicate AS/400 data · Oracle Glue* operating system and the AS/400 database definitions in Oracle · Oracle GraphicsTM · Oracle Reports~ Access Capabilities SQL Language · Oracle Precompilers · Read/write access to the AS/400 database · ANSI-standard SQL · Oracle Call Interface (OC1) · Distributed access through Oracle? to · Oracle DML extensions · Third-party tools available for Oracle7 the AS/400, including multisite queries, · Oracle stored procedures and packages subqueries, joins, and views, each performed Network Adapt~ in a single SQL statement Datatype~ · SQL*Net Version 2 is included with the · Distributed transactions protected by · Automatic mapping between Oracle7 and Oracle Transparent Gateway for DB2/400 Oracle's two-phase commit protocol the AS/400 database with the following adapters: · Data transfer between Oracle7 and the · Ali Oracle7 datatypes supported, including APPC/LU6.2 AS/400 database, performed in a single CHAR, NUMBER, and DATE TCP/IP statement · All AS/400 datatypes supported, including packed and zoned decimal Agenda Item No. AGENDA REQUEST Date: April 29, 1997 Request to be placed on: Workshop Agenda When: May 6, 1997 XX Regular Agenda Special Agenda Description of item (who, what, where, how much): Staff requests Commission approval to convert the frequency of our wastewater collection telemetry systems radios from 451.0625 MHz to 458.3125 MHz, the frequency currently used for our water telemetry system using services and equipment provided by Data Flow Systems, Inc. in the amount of $11,425.00. This change is necessary because the wastewater frequency interferes with Florida Power and Light's radio signal. This is a sole source project due to the necessity of maintaining compatibility with existing DFS system equipment. Funding is from R&R Account #442-5178-536-46.20, Equipment Maintenance. ORDINANCE/RESOLUTION REQUIRED: YES/N.~O DRAFT ATTACHED YES/N._Q,O Recommendation: Staff recommends approval of the conversion of wastewater collection telemetry system radios by Data Flow Systems, Inc. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available~O Funding alternatives (if applicable) Account No. & Vesc~t4q2. -Sl~cg- ~'~, 61 k,-Z.D ~t/, ~ta~-I' Account Balance ~ [[,qz5 ~c~ ~~ ~,0~ qqZ-S~.-~.~l-3e City Manager Review: Approved for agenda: O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approve~Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Acting ESD DirectorQ~~ SUBJECT: D.F.S. RADIO SYSTEM DATE: June 12, 1996 Attached is an agenda request and a quote from Data Flow Systems, Inc. to convert the frequency of our wastewater collection telemetry systems radios from 451.0625 MHz to 458.3125 MHz, the frequency currently used for our water telemetry system. This change is necessary because the wastewater frequency interferes with Florida Power and Light's radio signal. The conversion includes removing the frequency crystals from each radio, installing new crystals based on the target frequency and installing DFS System Partitioning on the WTP central computer. The partitioning software will allow the operator to interface the display which shows the respective water or wastewater information only. The cost of the conversion is $11,425.00, which also includes preparation of FCC License modifications. Funding is available from Renewal and Replacement 442-5178-536-46.20, Equipment Maintenance. (Budget transfer attached). The other alternative to resolve this issue would be to apply for another radio frequency through the FCC and to replace all radios. This option would cost approximately $200,000 to $250,000. This will be a sole source purchase in order to maintain compatibility with existing DFS system equipment. Please place this item on the May 6, agenda for consideration by the City Commission. RCH:cl cc: R. Bullard File Fram: ~'f. ve0Whltlook To: Bob Bullard Date: 4/24/97 Time: 13:~8:16 Page I of 2 Data Flow, Systems, Inc. April 24, 1997 Quote No. 970424-01-sw Mr. Bob Bullard, Supt. Maintenance Depar'anent of Enviromncntal Resources City of Delray Beach Fax: 561-243-7344 Dear Bob: I am pleased to offer a quotation to convert your wastewater collection telemeh3,' system radios fi'om their current frequency setting of 451.0625 MHz to that of your fi'esh water telemetry system, 458.3125 MHz. . In order to minimize the cost of this transition, 1[ have suggested to Clayton Gilbert that we set up a desolder-solder-test bench at your facility. We w~ll supply t~vo individuals to work the bench. I asked Clayton to an-ange for a teton of City perso~mel x,v~o will drive tlu'oughout the system to relay the radios to and from the work area. The frequency crystals for each radio will be desoldered and removed. New crystals based on the target frequency will?en be soldered into the radio. The radio will then be remounted on the RIM board and will be fine-tuned on a spectrum analyzer. This procedure will take approximately 30 minutes per unit. We will charge "bench" labor rates rather than "field" rates. Your persom~el can then take the retuned radios back into the field for reinstallation. Please be aware that the ct.'ystals must be aged before they are installed. This "curing" process means that a minimum six week lead time xvill be needed. If the cl.~stals are not allowed to age, the radios will require retuning within a month or so. : The WTP's FCC license will require modifications to show the addition of the lift stations to the WTP's license. We will handle the paperwork and will request Cits' persom~el to sign the applications. We will also provide a lom~er computer to be used as a temporary central site conlroller to hcilitate the changeover. The computer will be available for up to one week. Finally, we will install DFS System Partitioning on'the WTP's central computer. This sot~¥are addition will allow the water and wastewater collections systems to offer separate operator interfaces that will display only the.. respective ~vater or collections information. Our price list shows this as a $5,000.00 software option. DFS is happy to offer this item at a sizable discount in order to fhcilita.te this chm~ge. one page to follow Data Flow Systems, Inc. · 659 Eau GalLic Blvd. * Melbourne, Florida 32935 · PH:(407) 259-5009 · FAX(407)259-4006 From: Sfeve Whffioak To: Bob Bull.ard Date: 4/24/97 Time: 13:49:30 Page 2 of 2 QUOTATION ' ' 1. Supply up to 150 radio frequency crystals (-~ $3.,9,.00 each $5,850.00 2. Provide labor to change and retune up to 150 radios (75 hours @ $45/12') 3,375.00 3. FCC License modifications ~ ' .. ,, 200.00 4. Loaner computer It N/C 5. System Partitioning (including configuration) 2,000.00 Total $11,425.00 Bob, please call me if you have any questions or comments and please Ikel I?ee to use DFS as a resource in solving this dilemma. Sincerely, Data Flow Systems, Inc. Steve Whitlock ~ ~ Vice President-Sales c:\letters\delray\bu970424-retune-quo end of fax DataFlow Systems. Inc. · 659 Eau Galtie Blvd. · Melbom~e. Florida32935 · PH:(407) 259-5009 · FAX(407)259-4006 ., Data Flow Systems, Inc. March 21, 1997 Mr. Richard Hasko, Deputy Director Department of Environmental Services City of Delray Beach 434 S. Swinton Av. ~ ':"~ ' ' ...... Delray Beach, FL 33444 '" ": Re: Wastewater Collections T¢l¢mctG, Fmcluency ])ear Mr. ~asko: Per ¥o~ request, [ am sending this summary of the situation that exists between the wastewater collections telemetry system radio frequency and the adjacent Florida Power & Light frequency. ~ELE]VIETR¥ $¥STE~ RADIO LICENSE - 45 !.0625 M_~ The radio frequency license for the wastewater collections department was applied for in ! 990 when the original system was installed. The City cl~lified for the license under ~CC rule 90.6~(a)(3), which pe~its licensing of utilities involved in water and wastewater services. As a utility, it fell under the frequency coordinating jurisdiction of the Utilities Telecommunications Council (UTC). Following · e normal procedure, we submitted your application to UTC, whose job it was to [nd a usable frequency .and to recommend the frequency for licensing to the FCC. It is any frequency coordinator's job to recommend a frequency that is unlikely to interfere with (or receive interference from) another licensee. The license was issued in 1990 for up to 106 remotes. When it was renewed by the City in 1995, the number of licensed remotes was increased to about 134. Except for an inquiry by FPL in 1996 (in which the FPL personnel determined that your system was operating properly), I am not aware of any interference problems that the telemetry system has caused. OFFSET FREQUENCIES There is an FCC rule that prevents the use of a full band width, "voice grade" UHF frequency for data transmitting if the area of operations lies within a certain distance of a major metropolitan area. Delray Beach's proximity to the Miami-Fort Lauderdale ama subjects your telemetry systems to this restriction. Therefore, the only frequencies that were available for telemetry operations in your area were "offset" frequencies. Offsets are narrow band width frequencies that reside between wider, voice-grade frequencies and are very commonly used for telemetry applications. In situations involving conflicts between licensees (if both licensees are operating within the parameters of their licenses), two rules of priority - one general and one specific - apply to this situation: 1) In most cases, a frequency involving voice transmissions hold priority over frequencies transmitting data; 2) full band width frequencies have priority over offset frequencies. If them is a sufficient physical separation between the offset frequency user and the users of the two adjacent voice frequencies, they can coexist very smoothly. Not only is there a lack of separation in Data Flow Systems, Inc. · 659 Eau Gallie Blvd. · Melbourne, Florida 32935 · PH: (407) 259-5009 · FAX (407) 2594006 this case, but according to the FPL personnel, Delray Beach lies in the middle of the coverage area for their frequency (451.0750 MHz). FLORIDA POWER & LIGHT The visitors from FP&L made it abundantly clear that their perception of the situation called for the City to change frequencies. When I pointed out that this would be an expensive proposition at best, they responded by saying that it was a matter of the personal safety of their field workers and that time was of the essence. However, they also stated that ~ese intolerable conditions had existed for some years and were unable to explain why they had tolerated unsafe working conditions for their employees for so long. On more than one occasion, the FP&L people pointed out that they are "the largest single user of UTC services," and that they retained "full-time counsel" in the Washington area for the sole purposes of providing UTC and FCC interface for their company. SOLUTIONS Possible solutions, from simplest (and least costly) to most complex, are outlined. 1. Adjust existing radios - Reduce the bandwidth used to transmit the telemetry communications. Each transmitter must be adjusted and each receiver must be adjusted to accept the narrower signal. Positives: This is the least expensive solution - about $60 - $70 per radio (about 135 + spares). Negatives: This adjustment will have a negative affect the overall system performance, but it may still operate satisfactorily. There is no guarantee that the final results of this procedure will be satisfactory to FPL. 2. Change to a different UHF offset frequency - Apply for a new frequency license within the same frequency band (UHF 450 - 460 MHz). Remove and replace frequency crystals from each radio in system. Since the transition work will take several days, a second, temporary central transmitter may need to be installed to manage the lift stations that are in transition. Positives: A search we conducted indicates that another, useable UI4_F offset is available (there is no way of knowing how long it will remain available. This is the least expensive approach that involves changing frequency. The only cost is the FCC application work, the new crystals, the labor to change the crystals and retune the radios and the cost of the second, temporary central transmitter. Overall, I'd estimate about $100 - $125 per radio. Negatives: Although we now have the ability to double-check the UTC's work (we now subscribe to an on-line FCC database service that allows us to check frequency availability), we would still be changing to another offset frequency. If, by some chance, the new system interfered with another licensee, the offset is considered as a secondary user and must give way to the licensee with the higher priority. It is unlikely that the City would ever have to change the new frequency, but it is not inconceivable. Also, more-recent crystal configurations may not fit in some older radio designs. LT;~~~r frequency~m a. differentband~- ,~ t;A~ m~lw~o~a::neW2 full. bag~d~,wi~: fre-q'.ueng~ in~'the.i..vi~. :range:i .: Remove ui-iEi radios from: the radio;PC ~ 7c~l~..~;ep~ce~.with~radios.~Remove:exasting~antennasms!d~e_plac~plgg~t~. Data Flow Systems, Inc. · 659 Eau Gallic Blvd. · Mellx>um¢, Florida 32935 · PH:(407) 259-5009 · FAX(407)259-4006 &DFSihas unc.o,[erea a: littl,~~~ ~.~.,.A~m.' ~¢~rang~th0.,thaxbee, n, ab. ,ar~taned, by: ~~e~ ~ag~n. ,c.E.;~W..: ~Mve: thorough Ivcc..he_c.k..ed. :.~.~'.tht the~CC_as~to~i ts~ availability and~ have / ~~;~ely~that anyt 9~ex~users~.ofi the,~fi'eqp, ea!.~ cysexas, t for o~e,e: 100 m,1 es~'? W~.ha~!?: ~: g ;lis.~ned~ito;thiXifrequency all:.over the: southeasrUS: and. have:never, heard'any othe~ users: Negatives: This is the most costly alternative. Since, the frequency is in another band altogether, all radio equipment must be replaced. Costs indlude: new FCC licensing Work; all radios, including spares, must be replaced; some radio PC boards (older ones that won't accept new radios) must be replaced; all antennas must be replaced. This alternative would cost about $1,500.00 per RTU site. Mr. Hasko, I'm sure you're aware that we consider the City of Delray Beach to be among our most valued customers. This is partly due to the volume of business that we have done with your utilities. It is mainly due to your exceptional personnel with whom we have had the pleasure to work during the past few years. We stand ready to assist you in any possible way. I assure you that, regardless of the final decision regarding this situation, Data Flow Systems will make every possible effort to minimize any upset to the operations of your utilities and to minimize the expense of the procedure. A copy of this correspondence is being faxed to you on today's date. Sincerely, Data Flow Systems, Inc. Steve Whitlock Vice President - Sales cc: Mr. Bob Bullard c 51ettersklelray\[cc-l~ls mn.doc Data Flow Systems, Inc. · 659 Eau Gallie Blvd. · Melboume, Florida 32935 · PH:(407) 259-5009 · FAX(407)259-4006 Agenda Item No.: AGENDA REQUEST Date: May 01. 1997 Request to be placed on:. Consent XX ~~ Agenda Special Agenda Workshop Agenda When: May 06, 1997 Description of agenda item (who, what. where', how much): Purchase Award - One ton car§o mobile surveillance systems vehicle for Police Department at a t~tal cost of $76.863 from WestinKhouse Audio Intelligence Devices Inc. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award the purchase of a one ton cargo mobile surveillance systems van to Westinghouse Audio Intelligence Devices,. Inc. at a total cost of $76,863. Fund±ns from account code 001-2115-521-64.20L~c)o~ ~o~ ~-'z::z..'~"~ ~,.,~,-,-.. ~,,-3~r'z..-.~'.,~-~,,..I.,'z.x::,.,) Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available?~ NO~1')%~ Funding alternative.sc-- (if applicable) Account No. & Description: ~!-~-~].{oq-l~D ~~o~ Account Balance: ~.O0/Q ~ ' ~ City Manager Review: - ApprovedHold Until: for agenda~: ~/ NO ~'"'l. Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn R~urchasing Supervisor ~ THROUGH: Joseph Saffo~.inance Director DATE: May 01, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MAY 06, 1997 - PURCHASE AWARD ONE TON CARGO MOBILE SURVEILLANCE SYSTEMS VEHICLE Item Before Commission: The City Commission is requested to approve the purchase of a one ton cargo mobile surveillance systems van for the Police Department from Westinghouse Audio Intelligence Devices, Inc., at a total cost of $76,863. Back~round: The Police Department is requesting the purchase of this surveillance vehicle for future use by the Police Department to help gather evidence for investigating cases in drug trafficking, burglaries, violent crimes, public corruption, insurance fraud and other criminal cases for undercover operations. The City of Delray Beach Police Department have contacted several companies within the state of Florida and this company is the only company that would build the vehicle for the Police Department and they are located near the City of Delray Beach to provide timely service and maintenance to the vehicle. This service and maintenance capability is important to the success of the undercover operations. See attached recommendation memo dated April 25, 1997, from Police Department. Westinghouse Audio Intelligence Devices, Inc., has submitted a letter and quote for this vehicle. See attached letter dated April 11, 1997. Recommendation: Staff recommends award to Westinghouse Audio Intelligence Devices, Inc., for the purchase of a one ton cargo mobile surveillance systems van for the Police Department from Westinghouse Audio Intelligence Devices, Inc., at a total cost of $76,863. Funding from account code 001-2115-521-64.20. Attachments: Memo From Police Department Dated April 25, 1997 Letter From Westinghouse Audio Intelligence Devices, Inc. DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Captain Edward M. Morley Investigative Division Commander FROM: Lieutenant H. Scott Lunsford ~ Vice, Intelligence, and Narcoti(~s SeCtion DATE: 03/13/97 SUBJECT: MOBILE SURVEILLANCE SYSTEMS VAN - JUSTIFICATION In this age of juries wanting to see and hear recorded evidence as proof of a crime, instead of just relying on officer's testimony, the upgrade to this vehicle and its equipment is vital. It will help to ensure the securing of winning verdicts in drug trafficking, burglaries, violent crimes, public corruption, insurance fraud, and an array of other criminal cases our City and department will face in the future. The surveillance vehicle is equipped with a multitude of surveillance systems; to include a periscope and fixed-mount video cameras, VCRs monitors, concealed antenna systems, and multiple communication options that allow agents to punch up the radio frequencies of other agencies that are working jointly on a case. Agent safety is also significantly increased through a true climate control system; carbon monoxide monitor and alarm, oxygen sensors, .automatic fresh air circulator, gel-cell batteries with welded stainless steel battery box, and an assortment of other safety features. The ability to gather evidence will cut down on the man hours required to investigate a case. It will also affect the number of defendants willing to risk a trial, thus keeping officers out of the courtroom and back on the streets. West Palm Beach Police Department has been a point of contact concerning the use and applications of a fully equipped surveillance vehicle. West Palm Beach completely paid for their vehicle on their very first deal when they filmed and recorded a cocaine reverse that netted $85,000. Based on the video and audio, the defendant had no claim of entrapment or impropriety by the police and all the money was forfeited. This example supports the justification points concerning wining verdicts and increased conviction rates although there are not specific statistics kept relating the use of the surveillance vehicle and conviction rates. Furthermore, the West Palm Beach Police Department works jointly with DEA approximately six times per month based not only on their close proximity but because of the availability of West Palm Beach's surveillance vehicle. By DATE: 03/13/97 SUBJECT: MOBILE SURVEILLANCE SYSTEMS VAN- JUSTIFICATION PAGE: 2. working with DF_A, West Palm Beach reaps the financial benefits of working large scale drug investigations. An example for need in our city. This week agents were attempting to conduct a surveillance on an operation. This operation is similar to one that last year resulted in the seizure of $230,000. An employee of the targeted operation parked an unusual distance from the location and walked by the surveilling agent. The subject took note of the agent's vehicle with engine running, and brought other persons to observe the vehicle. This could have damaged the investigation and would not have happened with the mobile surveillance systems van. 04/30/97 10:42. '~'561 243 7816 DELRAY BEACH PD -.-.-. CITYMGR 1~1002/002 WESTINGHOUSE AUDIO INTELLIGENCE DEVICES_., IN.C.~ A ,$LIBSIDIARY' OF' WE~,TINGHOUSE ELECTIR/C CORPORATION TELEPHONE: (954) 255-2801~ (800) ~43-1249 FAX: (954) 255-2601 April 11, 1997 Delray Beach Police Department Attn: Lt. Scott Lunsford Vice, Intelligence & Narcotics 300 W. Atlantic Avenue Delray Beach, FL 33444 Dear Lt. Lunstord: Westinghouse Audio Intelligence Devices, Inc. would be pleased to sell Delray Police Department a Gen 2.5 Surveillance Vehicle for $76,863.00 as per our attached quotation number 7329. Delivery on this surveillance vehicle would be 60 days after receipt of 1997 Ford E350 from factory. Sincerely, WESTINGHOUSE AL~DIO INTELLIGENCE DEVICES, INC. Vice President, Sales 12301 N.W. 39TH STREET, CORAL J~PRINGIg, FLORIDA 33065 U.S.A. 05/01/97 08:44 8561 243 7816 DELRAY BEACH PD --- CITYMGR ~002/006 Westinghouse Audio Intelligence Devices, Inc. 12301 N.W. 39th STREET, CORAL SPRINGS, FLORIDA 33065, U.SA PHONE: (954) 255-2600 · 1-800-243-1249 · FAX: (954) 255-2601 · ,o7/~,+z-788~ Q U 0 T A TI 0 N pAaE TO:. DEUVERY DELRAY BEACH POLICE DEPT. 60 DAYS A. R,O VICE~ INTELLI{~ENCE & NARC. AND VEHICLE 4/11/97 ATTN: LT. SCOTT LUNSFORD 300 W. ATLANTIC AVE DELRAY B~ACH FL 33444-0000 7329 R~r ~M M~EL N~ 1 8~000 1997 FORD E-35~ ONE TON CAR~O VEHICLE 23000.00 23000.00 VEHICLE CONVERSION TO INCLUDE: 23000.00 23000.00 BURVEILLANCE COMPARTMENT ALUMINUM BATTERY BOX WITH THREE GEL LITE BATTERIES MABTER CONTROL PANEL OXYGEN MONITOR & ALRAM FRESH AIR EXCHANGE SYSTEM CARBON MONOXIDE DETECTION & ALARM FIRE EXTINGUISHER IN OPERATIONAL AREA 2.5 LB~ ABC ICE AIR CONDITIONIN8 SYSTEM AIR TRANSFER DUCTING DESK CON~DLE CUSTOM SEAT BENCH SEAT SURVEILLANCE AREA LIGHTING UNDERCOATING 3 83050 AC WATT METER 695.00 695.00 86780 COVERS(WINDOWS/DOORS>CARGO VAN 900.00 900.0~ NOTI, CE: O .o~'nmant (CI~, _Ce~mt~ Stria ~nd Federal) ~ ~r h M~E~. ~r ~1 c~ c~lJad FREIG~ CrinGES: TOTAL FOB. Coral Springs, FL, freight and Insu~n~ ~argas will be prepaid and a~ to I~i~. CONT INUEE ' w~s=~ua~ ,uo~o~L,s~.c~ ~Ewc~s. ~,c. DDNNR ER6LE ~) 05,/01/97 08:4.5 'j~561 243 7816 DELRAY BEACH PD ---.-~ CITYPIGR 0003/006 Westinghouse Audio Intelligence Devices, tnc. 12301 N.W. 39th `STREET, CORAL SPRINGS, FLORIDA 33065, US.A. PHONE: (954) 255-2600 · 1-800-243-1249 · FAX: (954) 255o2601 QUOTATION pAGE 1~. D~JVERY J DELRAY BEACH POLICE DEPT. 6~ DAY~ A. R. O m VICE, INTELLIGENCE & NARC. AND VEHICLE 4/11/97 RTTNa LT. SCOTT LUNGFORD OUOT~,U~a~n 3~0 W. ATLANTIC AVE DELRAY BEACH FL 33444-~ 7329 ~M M~L N~ ~SC~IP~ON UN~ P~ ~Nal~ N~ 5 85000 LOW VOLTAGE ALARM & INDICATOR 195.00 19S.0{ 6 84150 FRESH AIR BLOWER AUTO OVERRIDE 295.00 295.0( 7 87280 DOOR CAMERA MOUNTS 5~7.00 597.01 8 83100 50 AMP BATTERY CHARGER & CONCEALED 998.00 998.8[ OUTLET I10¥AC/60 CYCLE INPUT 9 83300 608 WATT AC POWER INVERTER 118VAC/60 975.00 975.0( CYCLE OUTPUT 10 87105 VIDEOSCOPE/LENS ASSY 3976.88 3976.8~ 11 83400 SWITCH-REMOTE FOR HORN/CONSOLE 85.00 85.01 12 83450 SWITCH-REMOTE FOR ENGINE START 485.80 485,0~ 13 87308 CORNER MICROPHONES AND INTERCOM 875.00 875,0 14 '~LHKPI -- PUt( HUEN"I~NU LII..IMI~ ~.~,~.,~ 290.0~ NOTICE: Government (City, Count,/, ,State and Federal) pu~ os, dm I~ required. For ail cry~tal controlled devices, ~ frequency In~mettlon must mxxxn~mn¥ pumheee order. FnEIGHT CHARGES: TOTAL F.o.B. Cor~l Springs, FL, freight snd insurance charges will b~ prel~id and added fo irr~ice. ~ ~ CONT I NUE received ~ln nlnely day~ from l~a ~te ColWrlgt~ e 1 g94 tW ~11~ Imalllganc~ Devices, Inc. TITLE VICE PRESI DENT~ 05701/97 98:45 '~'551 243 7816 DELRA¥ BEACH PD --- CITYHGR 9004/006 Westinghouse Audio Intelligence Devices, Inc. 12301 N,W. 39tll STREET, CORAL SPRINGS, FLORIDA 33085, PHONE: (954) 255-2600 ° 1-800-243-1249 · FAX: (954) 255-2601 4o? 4. -7881 QUOTATION pA E TO:. DEUVERY ~ DATE DELRAY BEACH POLICE DEPT. 60 DAYS A.R.O ! UICE~ INTELLIGENCE & NARC. AND VEHICLE 4/11/97 RTTN: LT. SCOTT LUN8FORD eUOTENUaSE~ 3~8 W. ATLANTIC AUE DELRRY BEACH FL 33444-0~e0 7329 R~ ~o mb~ ~ mil R~hm~ ~M M~EL N~ ~P~ UN~ P~ ~N~I~ N~ 1~ 87600-10 PVC PIPE ROOF ASSEMBLY WITH EXTRA PVC 950.00 950.0E PIPE 16 87600-01 TUNING OF ANT. FOR ~00F RAC~ ~50.00 10B0.0~ 17 2509398 VIDEO ANTENNA FOR "N" CONNECTOR IN ROOF 250.00 ~50.0~ 18 B910~-01 PANASONIC WV-CP412 COLOR CCD CAMERA WITH 960.00 960.0~ INTERCONNECT CABLE 19 89170 FUJINON 1B-tOBMM F1.B ZOOM LENS 4~,0~ 485,0~ 89135 CD~PUTAR VM200 2X LENS EXTENDER 71.00 71.0~ 21 89105 PANABONIO WV-BP~O~ LOW LIGHT B/W CCD 4~0.00 4~0.0~ CHIP CAMERA WITH INTERCONNECT CABLE 2~ 89170 FUJINON 18-108MM Fl.8 ZOOM LENS 485.00 485.0~ 89135 CDMPUTAR VM200 eX LEN~ EXTENDER 71.00 71.O~ N~E= MON ~ TO R G~ (~. ~ ~ ~ ~.~m~ ~der ~ ~lr~. For ~1 c~s~ ~ol~d FREIG~ CH~: ~d~ to I~l~. TOTAL i EOB. Coral Sp~inga, FL, ~elght a~ insumn~ ~arges ~tl be prepaid and CONT [ NUE[ TE~8: S~ ~ ~ ~ ~ r~ ~ n~ ~ ~ ~ ~ ~I ~ ~. DONNA EAGLE 05/41/97 08:46 ~'561 243 7816 DELRAY BEACH PD ~-- CITYHGR 0005/006 Westinghouse Audio Intelligence Devices, Inc. 12301 N.W. 39~h STREET. CORAL SPRINGS, FLORID^ 3306§, U.S.A. PHONE: (954) 255-2600 · 1-800-243-1249 · FAX: (954) 255-2601 QUOTATION p. GE DIEUVEI~ I ~ DELRAY BEACH POLICE DEPT. 60 DRYS A.R.O VICE, INTELLISENCE & NARC. AND VEHICLE 4/11/97 ATTN~ LT. SCOTT LUNSFORD euoz~Nu~s~m 300 W. ATLANTIC AVE DELRAY BEACH FL 33444-~00~ 7329 R~mr tm mb~ Im ~11Pa~ ~ ~mpm~a~mm MO~L N~ DESCRI~ON U~ P~CE ~N~ON 25 2509360 TURNTABLE FOR 9" COLOR MONITOR 150,00 300.00 89207 PANASONIC AG-~700 VCR 2100, 00 4200.00 27 892?0 MITSUBISHI P-90U B/W THERMAL IMAGE 1540.00 1540.00 PRINTER 28 89262 AMERICAN DYNAMICS AD1461 MOTION DETECTOR 425.00 425.00 29 89~90 AMERICAN VIDEO TDCT TIME/DATE GENERATOR 300,00 3OS, OR 91433 MARANTZ PMD ~1 CASSETTE RECDR 449,00 898.00 31 8930~ ICOM IC-7000 PROGRAMMABLE RX 2200.00 ~0.0~ 90376 SCOUT EROLE NZGHT VISION SYSTEM 3195.00 3195,0a 33 89600 INSTALLATION ONLY-MOBILE RADIO 200.00 ~00,0e 150.0~ NOTICE: Government (City. County, ~1~ and Federll) purcha~ order i~.mqulm~.. For ~dl crystal controlled J devlca~, opemllng frecluer~'y ir~ormnlJon mu~ accompany purcna.~ omen. TOTAL CONT I NUE[ FREIGHT CHARGE9: F.O.B. Caral ~prings. FL. frelgh! end insuranca charges will be prepaid and added to invoicl~ WESTIN~~\ ~E~VlCES, IHC. 8~8 payment I~rrn~ on ~ The ~ quol4~on ~h,dl I~ honemd If II plA~ll~ .o4d~ M BY received wlihil~ nlfl~f d~ from ~ d~lm ~! fodh IJ:~m. DONNA EAGLE A 0b/~1/97 08:46 'i~S61 243 7816 DELRAY BEACH PD -'- CITYHGR ~006/006 Westinghouse Audio Intelligence Devices, Inc. 12301 N.W. 39th I~TREET. CORAL SPRINGS. FLORIDA 3306S. USA PHONE: (954) 255-2600 · 1-800-;~43-1249 · FAX: (954) 255-2601 QUOTATION pAGE 'r~ DEUVERY I DATE DELRRY BEACH POLICE DEPT. 6~ DRYS R. I UICE, INTELLIGENCE S NARC. AND VEHICLE ~/11/97 RTTN: LT. ~COTT LUNSFORD aUOTE 3~ N. RTLRNT~ DELRAY BEACH FL ~444-0000 7329 Ref~ te ~ I~ all ~5 INSTALLATION OF CUSTOMER SUPPLIED RX-870 150.00 150.00 RECEIVER 36 8711~ 360 DEG. CAMERA ARRAY 2850.00 28~0.00 37 8925~ QUAD BCREEN SPLITTER 850.00 850.00 PREFERRED CUBTOMER DISCOUNT B393.00 3393.00 NOTE! WESTINGHOUSE AUDIO INTELLIGENCE DEVICES, INC. RESERVES THE RIGHT TO SUBSTITUTE EQUIPMENT OF EQUAL OR GREATER PERFORMANCE DEPENDING UPON EQUIPMENT AVAILABILITY. No'rICE: Government (City, .C~mflty, ~ mid Federal} purchase order iu. raquiru~.. For ail crystal controlled devlce~ operating lrequency inlorrMtlon must _--:c___~,~y IXJm .r'.~ DraM. and ,~,~ to ~n~. TOTAL 76863.00 FREIGHT CHARGES; F.O.B. Coral Springs, FL, freight and Insurance cha~es will be prepaid The above quolaflon ~hall be honored If a purchase order Is BY ,, - ~ recah~ ~hln ninety d~yS from lhe data eat ~ abeva. DONNA ERGLE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MAY 6, 1997 APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL OF A MINOR SITE PLAN MODIFICATION FOR THE CAMINO REAL HOTEL DATE: MAY 2, 1997 On April 16, 1997, the Site Plan Review and Appearance Board approved a minor site plan modification for the Camino Real Hotel expansion to combine the hotel and City beach parking areas and move the hotel addition 25 feet northward (Alternative #2). Please refer to the attached staff report for additional background and analysis. We subsequently received letters of appeal from both Kathryne B. Stokes and the Manor House Condominium Association (copies attached). We have also received the attached correspondence from Alan J. Ciklin, representing the owners of the Camino Real Holiday Inn, requesting dismissal of these appeals for the reasons outlined in his letter. Action is at the Commission's discretion. Essentially, there are three options: (1) The Commission may choose to accept or reject either or both of the appeals filed by Ms. Stokes and the Manor House. If the Commission accepts either or both of the appeals, the matter should be considered at the May 6th meeting. (2) The City Commission may choose to reject both of the appeals, but take action on its own to appeal the matter. Consideration of the Commission's appeal would then be scheduled for May 20, 1997. (3) The Commission may choose to reject all appeals and uphold the Site Plan Review and Appearance Board's approval of Alternative #2 for the site plan modification for the Camino Real Hotel expansion. I recommend denial of any appeal and that SPR3tB's approval be upheld. It is a waste of land to have two parallel driveways single loaded with parking bays. ref:agmemol2 TO: DAVID T. HARDEN, CITY MANAGER · ..u: DEPARTMENT OF PLANNING AND ZONING FROM: ~ ~ ' &~ SUBJECT: MEETING OF MAY 6, 1997 APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL OF A MINOR SITE PLAN MODIFICATION REQUEST FOR THE CAMINO REAL HOTEL. The action requested of the City Commission is that of consideration of an appeal of the Site Plan Review and Appearance Board's approval of a minor site plan modification request for the Camino Real Hotel expansion. The subject property is located at the northwest corner of N. Ocean Boulevard (A-l-A) and E. Atlantic Avenue. SPRAB approved the minor site plan modification for the Camino Real Hotel expansion on April '16, `1997. On April 25, '1997 a letter appealing SPl:~t~B's decision was submitted by the Manor House Condominium Association located directly north of the site. The site plan modification involved a choice of two layouts which modifies the site development approval for the five story expansion of the Camino Real Hotel. Alternative #`1 maintains the separation of the hotel parking and relocated City beach parking lot on the north part of the property, while Alternative #2 combines the two parking areas and moves the hotel addition 25' northward. As Alternative #2 involves City property the City Commission reviewed and authorized the submittal of the alternative to SPRAB at their April `15, '1997 meeting. City Commission Documentation Meeting of May 6, 1997 Appeal of SPRAB Approval of a Minor Site Plan Modification for Camino Real Hotel Expansion Page 2 During its consideration of the site plan, SPRAB heard testimony from eight members of the public. Concerns expressed by the public included: · Opposing the combining of the hotel and City beach parking areas as it represented commercialization of a public facility; · Potential of diminishing accessibility of the City beach parking lot to the public; · Providing adequate buffering between the City beach parking lot and the Manor House; · Relocating the hotel addition 25' northward, thus moving it closer to the Manor House; · Consistency of the proposed joint accessway with the zoning designation and Future Land Use Map; and, · Acting on the site plan prior to resolution of a dispute between owner of 19 Andrews Avenue and Ocean Properties over accuracy of the survey and provision of a 5' landscape barrier between the common line and the south wall of the parking garage. During SPRAB review, the main focus was on concerns that the shared access drive in the combined parking lot would result in commercialization of the public parking lot which would be inconsistent with the City's Comprehensive Plan. After a lengthy discussion, the Board felt that the combined parking lot in Alternative #2 provided for a better site plan. The Board did express concerns on how the public/private aspect of the parking lot would be enforced. The Board did not object to moving the hotel northward as the proposed setback will still greatly exceed code requirements, and additional landscape buffering could be provided to help alleviate the shift in building mass. The Board voted 5-1 (Mr. Pakradooni dissenting) to approve the site plan modification Alternative #2, with the added condition that the proposed east/west sidewalk north of the City beach parking lot area be reduced from 8' to 5', and the combined parking lot driveway be reduced from 26' to 24'. The reductions in sidewalk and driveway widths were approved in order to increase the width of the landscape buffer located along the north property line. While the driveway reduction and the resulting 2' increase in landscaping along the north property line appears appropriate the reduction in the sidewalk width is not. The proposed width of the sidewalk includes a 2' overhang associated with the City Commission Documentation Meeting of May 6, 1997 Appeal of SPRAB Approval of a Minor Site Plan Modification for Camino Real Hotel Expansion Page 3 parking spaces. City Commission should address this condition in their deliberations. Members of the public have put forth arguments that the definition of Open Space and Recreation Land Use Map designation restricts uses of land in this designation to recreation, open space or conservation only. However, the underlying Land Use Map designation is CF (Community Facility) and the zoning designation is OS (Open Space). The City's Comprehensive Plan states the Community Facility Land Use Map designation "... is applied to..current and future sites for public facilities..." The Open Space zoning designation allows parking lots accessory to the municipal beach. Under Alternative #2 all of the City parking (north row of parking) and the access drive will be within the OS zone district and CF Future Land Use Map designation. The proposed hotel parking (south row of parking) will be on property having a zoning designation of CBD (Central Business District) and a Future Land Use Map designation of Commercial. As the City Beach Parking Lot is a public facility, is permitted as an accessory use to the municipal beach in the OS zone district, and all zoning districts are consistent with the CF Future Land Use Map designation, the proposal is not inconsistent with the Future Land Use Map nor the Comprehensive Plan. A. Continue with direction. B. Uphold the Site Plan Review and Appearance Board's approval of Alternative #2 for the site plan modification for the Camino Real Hotel expansion. C. Reverse the Site Plan Review and Appearance Board's approval of Alternative #2 for the site plan modification for the Camino Real Hotel expansion. City Commission Documentation Meeting of May 6, 1997 Appeal of SPRAB Approval of a Minor Site Plan Modification for Camino Real Hotel Expansion Page 4 Commission's discretion. Attachments: · Location Map · Site Plans (Alternatives #1 and #2) I I I ~;~ ~STA DEL MAR DRIVE DORCHESTER CO- OP THOMAS STREET N.E. 2ND ST. LOWRY STREET DELRA Y VETERANS SUMMIT PARK CONDO '<'' A TLAN TIC PLAZA BARR TERRACE ATLANTIC AVENUE COMMERCIAL ..j CONDO co BAR ,~ HARBOUR CONDO 0 1 ST O MIRAMAR STREET /.-- ~ OCEAN PLACE ~ CONDO COCONUT ROW N ~ HOLIDAY INN CAMINO REAL PLANNING DEPARTMENT CITY OF OELRAY BEACH, FL -- DI¢II'AL ~4SE MAP SI'SEE -- MAP REF: LM144 ill ill BOOSE CRSEY Fax:561-820-038! Rpr :50 '97 16:02 P. O1/02 LAW c:~r~'K~ r'S E~OOSE CASE'lf CIKLIN LUBI= N~flS MC~ANE ~ O~CONNELL U~H L. ~N, JR, O~RA A, J[N~, ~. ~ D, O~ONNELL, 5R, {1~7.1~72 WILLI~ ~. B~[, III, ~.A. ~ k, LUllS, e.A, dULiE ANN ALLI~N PA~IA ~. ~AN~N TI~THY P, ~OA~, ~.A. ~15 NO~ F~QL[R ORIV[ J~N ~. ~K~N ~O~N R. Y~O, ~.A. ~.0. IOX ~ 30, 1997 City ~lerk ~ity o~ D~ray 1~ N.W. 1~ Avenue Re: ~eque~ ~or Di~ o~ ~p~s by ~h~e B. ~toke~ and ~o~ Hous~ Condominium X r~e~ ~ own~s of the ~no R~i Holiday X~. I ~ in receipt o~[wo ~pp~s t~ purs~n~ m ~e ~5 Land Dov~opm~ ~{o~, one da~ Apd~ 22, 1997 by ~t~o B. ~tok~s and the o~h~ d~tsd April 24, 1997 by Doak ~. ~bs~ ~X on b~f o~ the ~or Hou~o Association. I be~e both app~s ~c not ~ co~ce ~th ~e pro~o~ of ~e City's Land Development Re~a~on ~d a~ ~at ~ey b~ dis~s~ ~d not bc co~ider~, ~S~g ~e ~p~ of~th~c B. Stoke, Section 2.4.7(E~1) pm~des ~at ~ ap~ may be made by an aggrieved p~. Ms. Swkes does not qu~i~ ~ ~ ~Diev~ p~. She does not ~ve in the vicinity of the prop~ ~d ~e fact that she clams she is interested in ~e decision "because of my ~~ ~ ~ ~n~m fei Ci~ p~ks", do~s not mak~ Mr a~ p~. Thc addi~on~ fact ~t ~ w~ ~-c~ of~ ~ Sp~e ~d ~fion T~ T~ for ~he ~rehe~e PI~ d~s not ~e h~ ~ ~ev~ ~y, nor does the faa ~at she sat on a Ci~ea's Co,tree for eSR make h~ ~ a~eved p~y. ~ ~eved party must ~ve a le~ ri~t w~ch is adv~scly aff~ed w~ is different ~ the ~~ as a whole. In fact, Ms. Stokes' ~legafion is ~at she is merely · p~ of~e ~~ ~ a whol~ To ~[ow h~ to file ~ app~ would open ~e ~pe~ate process to the entire ~&~ who may d~m o~y t~t ~ey have an htcrest ~d ~ncem for City p~ks. Addition~ly, there is ce~ i~o~tion under Section 2.4.7~)(2) that "m~" be provide. includ~ ~e relief beEs ~usht. Ms. Stokes does not iMicate the relief b~ sou8ht. RECEIVED CiTY CLERK M~. Alison MacGregor Harry April 30, 1997 Page 2 A~ it relates to tl~ Manor House Condominium A~ociation appeal, it, too, should be dismissed and not consid~'ed. Under Section 2.4.7('E)(2), Nan appeal must be in writing, directed to the City Clerk...". The ~peal of the Manor House is not directed to the City Clerk. The express language of this section requires tMt it be directed to the City Clerlc That same section goes on to say that it must state the basis ofthe appeal and the rdiffbeing sou~t. The appeal of the Manor House does not state the basis of the appeal, nor does it state the relief being sought. Based on the foregoing provisions ofth~ City of Delray Beach Land Development Regulations regarding the requirements for an ~peal, the property owner requests that the appeals set forth above he dismissed, and that the action of'the Site Plan Review and Appearance Board of April 16, 1997 be considered final. MC/ag 13180 c, cs: Susan A. Ruby, Esquire, City Attorney (561/278-4755) David T. Harde~. City Manager (561/243-7166) Diane Dominguez, Director, Planuing & Zoning (561/243-7221) DoAg S. CAM~B~.~.~., III ATTORNEY AT LAW 70 S. E. FOURTH AVENUE DELRAY BEACH, FLORIDA 33,483 TELEPHONE TELECOPIER (5~1) 278-1890 (561) ~76-5803 April 24, 1997 The Hon. Mayor and City Commission City of Delray Beach Attention: Mr. David T. Hardin 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Ocean Properties Minor Site Plan Revision Site Plan and Review Board Meeting dated April 16, 1997 Dear Mr. Hardin: I represent the Manor House Condominium Association, the neighboring property to the North of the proposed new City public parking lot. On April 16, 1997, an Amended Site Plan for the hotel expansion by Ocean Properties was presented to the Site Plan and Review Board showing a unified site plan with the proposed City parking lot. Residents of Manor House appeared at the meeting and objected to the site plan revision. At this time, the residents of Manor House, through their Association, respectfully appeal the decision of the Site Plan and Review Board and request a hearing before the City Commission at its next regular agenda. Should any specifics be needed at this time as a basis for appeal, please advise. Sincerely yours, DSC:lb LB6305 cc: Manor House Condominium Assn. Kathryne B. Stokes CITY CLERK 1220 Southways Delray Beach, Florida 33483 (561) 278-7724 FAX: (561) 265-3812 April 22, 1997 Ms. Alison MacGregor Harty City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Appeal of SPRAB Decision of April 16, 1997, regarding Camino Real Holiday Inn Modification #2, and a request to expand the scope of the appeal hearing to include certain land use issues raised at the SPRAB meeting, or alternatively, to have a separate hearing on the land use issues involving the proposed commercial use of the "North Beach Parking Lot" which is within an Open Space (OS) Zoning District Dear Ms. Harty, Pursuant to instructions from Ms. Janet Meeks of the Planning and Zoning Department, I am hereby seeking to appeal the decision of the Site Plan Review and Appearance Board (SPRAB) on April 16, 1997, regarding the minor site plan modification #2 for the hotel expansion of the Holiday Inn Camino Real. I am interested in having this adverse decision overturned because of my continued interest and concern for City parks. I was co-chair of the Open Space and Recreation (OSR) Task Team for the Comprehensive Plan in 1989, and I recently sat on the citizen's committee for OSR during the EAR process. The basis of my appeal is, as stated in my testimony before SPRAB, my opposition to the use of Opens Space (OS) zoning and land use by a hotel. Hotel and beach access parking must be kept separate. This position is supported by the City's Comprehensive Plan and its recently adopted EAR. I provided the members of the Board with a handout (a copy of which is attached for your convenience). Since SPRAB's authority only extends to site plan review and not land use and there was no appropriate forum available in which to voice my opposition, I presented this testimony at SPRAB in order to put it in the record. The Future Land Use Element of the Comprehensive Plan describes the various land uses that appear on the City's Future Land Use Map. The description for "Recreation & Open Space Land Use" specifically states that "Land shown under this designation shall not be used for any purpose other than recreation, open space, or conservation." The comments in the EAR regarding Policy C-3.4 which addresses economic development at the beach states, "The Open Space Zoning and land use on the beach limits development and the small commercially zoned area east of the Intracoastal Waterway severely limits development in the immediate vicinity of the beach." Ms. Alison MacGregor Harty April 22, 1997 Page 2 of 2 If the City approves a site plan that allows commercial uses on this OS zoned parcel, I believe that the development order is inconsistent with the Comprehensive Plan and that there is a basis for an administrative challenge to be made the Department of Community Affairs to ask to have the matter reviewed and a determination made. In order to pursue a DCA challenge, I need to exhaust all my administrative remedies on the City level. Consequently, I am also hereby making a request for the City (or the City Commission) to expand the scope of the appeal hearing to include those certain land use issues raised at the SPRAB meeting, or alternatively, to have a separate hearing on land use issues involving the proposed commercial use of the "North Beach Parking Lot" which is within an Open Space (OS) Zoning District. Sincerely, Kathryne B. Stokes Attachment cc: David T. Harden, City Manager Susan A. Ruby, Esq., City Attorney Janet Meeks, Senior Planner Comprehensive Plan, Future Land Use Element Future Land Use Map Allocations, p. III-G-41 "RECREATION & OPEN SPACE LAND USE. This description applies to public recreational areas (such as municipal parks), to open space areas, and to conservation areas. Open space areas include canals, waterways, beaches, shores, estuarine systems, golf courses, private open (common) areas within planned developments, and undeveloped parcels. Public recreational areas which also have indoor facilities (e.g. community centers) are more apt to be shown as 'Community Facilities.' The conservation properties are those lands shown on the Conservation Map. Land shown under this designation shall not be used for any purpose other than recreation, open space, or conservation" (emphasis added). Policy C-3.4 (page III-G-32): "The City's Coastal Area is one of its most valuable resources in terms of economic attraction, recreation, and natural beauty. While action is appropriate to capitalize upon the economic attraction, recreation, and natural beauty. While action is appropriate to capitalize upon the economic benefits of this resources, commercialization and promotion shall not occur to such an extent that they diminish this beach resource." Evaluation and Assessment Report (EAR) Comments to Policy C-3.4 in the EAR adopted May 1996, page 48: "The Open Space Zoning and land use on the beach itself limits development and the small commercially zoned area east of the Intracoastal Waterway severely limits development in the immediate vicinity of the beach (emphasis added). RECOMMENDATION: No change." MEMORANDUM TO: Mayor and City Commissioners FROM: Alison MacGregor Harty, City Clerk~I~k SUBJECT: Additional Information for May 6, 1997, Aqenda Items DATE: May 6, 1997 Additional information has been received with respect to the following agenda items: (1) Item 9.A., ADpeal of SPRAB Decision/Camino Real Holiday Inn. Letter from F. Martin Perry, Esquire, on behalf of the Manor House Condominium Association. (2) Item 9.F., Distribution of FY 97/98 Anti-Druq Abuse Act Grant Funds. We received the attached memorandum from the Criminal Justice Commission indicating that the original background material contained a typographical error. The proposed allocation for the Palm Beach County Sheriff's Office, Multi-Narcotics Task Force, is $528,707, not $528,236 as shown in your backup. A revised letter containing the correct figure has been prepared for the Mayor's signature, a copy of which is attached for your review. AMH/m Attachments cc: David T. Harden, City Manager Susan A. Ruby, City Attorney Robert A. Barcinski, Assistant City Manager Richard G. Overman, Chief of Police Paul Dorling, Principal Planner Barbara Garito, Deputy City Clerk AMH/m Attachment I'1A'/-05-i997 i?:2i FROI'I IIASOII YEAGER ET AL TO P.Oi Law Offices F. Marffn Perry & Associates, P.A. ~. ~vwv~ ~swv 1645 Palm Beach Lakes Blvd. vstawo~rs ~) ~taso~ ~,.~o~ ~~' Suite 1200 ~x (~1) West P~ Be~ ~ 33401 RECEIVED (561) 243-3774 C~ CLERK May 5, 1997 Ms. Alison MacGregor Harry City Clerk City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Re: Camino Real Holiday Inn Site Plan Modification Manor House Appeal Dc,ar Ms. Harry: I am in receipt of a letter to you from Alan Ciklin dated April 30, 1997 requesting that the appeal filed by Doak S. Campbell, III, on behalf of the Manor House Condominium Association be dismissed. We have been retained by the Manor House to represent their interests henceforth regarding the Camino Keal Holiday Inn expansion and particularly, this appeal. The Notice of Appeal was filed in a timely manner and ade~luately put the parties on notice. Dismissal of the appeal for failure to meet the technical requirements of the Land Development Regulations would unjustly deny the due process fights of the Manor House Association. This correspondence shall serve to supplement the Notice of Appeal by summarizing the general basis of the appeal and the relief being sought, but shall not limit our ability to raise additional groUnds during the hearing. A. The modifications to the site plan submitted by Ocean Properties, Ltd., and approved on April 16, 1997 by the Site Plan Review and Appearance Board should not have been considered a minor site plan modification. The modifications axe major as lqH, --0.,--].99,:~, · =~. FP. OIq 11R$OI I ','ERGER ET RL TO P. 02 Ms. Alison MacGregor Harty May 5, 1997 Page 2 defined in the regulations and are required to be processed in the same manner as the original site and development plan. B. The findings required by Section 2.4.5 (G) (5) that the, "... the proposed changes do not significantly affect the originally approved plan", were not made. C. The findings for the landscape waiv~w required by Section 2.4.7 (B) (5) were not made. D. The consent of the D~lray Beach City Commission to the inclusion of the public parking lot into this site plan modification application was granted as an add-on item to the City Commission agenda the night befor~ the SPRAB meeting. That item should not have been considered by the Commission, since Section 2.4.2 only allows add-ons for emergency items. Therefore, the joinder of the City Commission in the application should not be considered valid. Based on the foregoing, demand is hereby made that the applicant be required to resubmit an application for a major site plan modification and landscape plan and seek the joinder of the City of Delxay Broach in a timely fashion. ,,,ay F. Martin Perry (via facsimile) Susan Ruby, Esq., City Attorney (561 278-4755) David T. Hardin, City Manager (561-243-7166) Diane Dominguez., Director, Planning & Zoning (561-243-7221) TOTRL P. 02 ~AY--06--97 TUE 01 .'2]' PM P. 02 DOWNTOWN DEVELOPMENT AUTHORITY City Of Delray Beach, Florida ' RECEi~-ED ......... ,[ CiTY CLERK , MEMORANDUM TO: City Manager City Commission FROM: Michael Listick, Chairman, Downtown Development Authority SUBJECT: AGENDA ITEM #9A- APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL OF A MINOR SITE PLAN MODIFICATION FOR THE CAMINO REAL HOTEL DATE: May 5, 1997 The DDA recommended approval of the site plan, however, expressed the following concerns regarding the driveway/parking lot along the north side of the property: 1. The lot should be available for public use at all times. 2. There should be a lighted sidewalk. 3. Lights should be placed in such a way as to minimize the effect on the adjoining residential property to the north. This could include light poles along the north boundary which were directed toward the parking area and hotel, and are shielded to prevent light shining to the north. 4. No purpose would be served by having a gate installed, and the gate should be deleted. If a gate is installed, it should never be locked administratively, and any decisions to lock the gate on a permanent basis should be passed through all City Boards, staff and City Commission. MAY--06--9? TUE 01 :26 PM P. 01 FAX COMMUNICATION JOINT VENTURE Marjorie Ferrer, Downtown Coordinator -- - or Melissa Carter/Selma Kleinman 64 SE 5th Ave. Delray Beach, FL 33483 (561)278-0424 or FAX: (561)278-0555 DATE: ~-" G '"' q '2 # PAGES INCLUDING COVER: MESSAGE: RECEIVED ..... ~'i 1220 Southways CITY CLERK Delray Beach, Florida 33483 (561) 278-7724 FAX: (561) 265-3812 May 6, 1997 The Honorable ~Iay Alperin, Mayor, and the City Commissioners of Delray Beach City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Agenda Item #9A - Regular Meeting of May 6, 1997 Appeal of the Site Plan Review and Appearance Board's Approval of a Minor Site Plan Modification for the Camino Real Hotel Dear Gentlemen: My appeal of the SPRAB decision of April 16, 1997, regarding the Camino Real Holiday Inn Modification f2, has been challenged by the applicant who argues that I do not qualify as an aggrieved party since I am "merely a part of the community as a whole.' Based on the applicant's rationale, residents of Delray Beach may appeal board decisions regarding the use of City parks only if they reside or own property adjacent to the park in question and, according to the applicant, can prove that they have "a legal right which is adversely affected which is different than the community as a whole." This would mean that while all residents are allowed to provide public input into the use of the park system during a SPRAB meeting or a Planning and Zoning Board hearing, the vast majority of them are foreclosed from presenting testimony at the City Commission level unless "an aggrieved party" as defined by the applicant successfully files an appeal. I find it difficult to believe that the appeal process provided in LDR Section 2.4.7(E) contemplates excluding residents from testifying before the City Commission regarding a board decision that impacts City park land. After all, the citizens as users of the parks are the ones most directly affected by development decisions involving the parks, and, in the final analysis, as members of the community as a whole, the parks belong to them. The applicant further argues that I have not indicated the relief being sought. However, my letter states that "I am interested in having this adverse decision overturned..." Also, I believe that this assertion by the applicant is in error since LDR Section 2.4.7(E) provides by definition that "[a]n appeal is a request for a review and reversal of any action which if not appealed would be final." My letter also included a request to expand the scope of the appeal hearing to include certain land use issues raised at the SPRAB meeting, or alternatively, to have a separate hearing on the land use issues involving the proposed commercial use of the "North Beach Parking Lot" since it is within an Open Space (OS) Zoning District. To date there has been no forum available for a resident to oppose the use of this OS zoned park by a private commercial entity. In order to provide such a forum where these issues can be publicly heard, the City Commission should grant my appeal or, alternatively, appeal the SPRAB decision. In either event, the hearing should be expanded to include the land use iss~:z~ raised by Modification//2. The Honorable Jay MI)erin, Mayor, and the City Commissioners of Delray Beach May 6, 1997 Page 2 of 5 Why the SPRAB Decision Should Be Overturned The SPRAB decision that approves Modification #2 should be overturned because the site plan converts the use of a portion of the North Beach Parking Lot from beach access parking to commercial parking in order to allow the hotel to expand the size of its pool deck. This change in use of OS zoned park land is clearly designed to promote a private commercial goal. OS Zoning and Related Land Use It has never been the intent of the citizens of Delray Beach or the City government to allow any portion of the beach access parking lots to have a commercial use. In fact, in order to protect the beach parks from commercial development, the citizens of Delray Beach, the Planning and Zoning Department and the City Commission worked together in 1992 to rezone all the beach parks (including the North Beach Parking Lot) from CF (Community Facilities) to OS (Open Space). It took a Comprehensive Plan amendment (92-1) and several ordinances to accomplish the rezonings (see the P&Z Staff Report, dated September 21, 1992). The P&Z staff report regarding the rezonings clearly states the beach parking lots were accessory uses to the Municipal Beach Park and that the rezoning to Open Space would eliminate the potential to accommodate commercial activities within the beach parks (see page 4 of the report). The rezoning of the North Beach Parking Lot was approved by the City Commission on November 17, 1992, and the City Manager's memorandum dated November 13, 1992, that accompanied the proposed ordinance stated that the rezoning to OS would protect the lots from commercial activities. The fact that the south 25 feet of the North Beach Parking Lot must be incorporated into the hotel's site so that they can expand their pool deck by the same amount demonstrates that the hotel is using the OS zoned park land for commercial purposes. This commercial use of the North Beach Parking Lot mocks all the efforts in 1992 to rezone the beach parking lots to protect them from commercial development. Furthermore, the Comprehensive Plan description for land designated "Recreation & Open Space Land Use" provides that "[1]and shown under this designation shall not be used for any purpose other than recreation, open space, or conservation" (see the Future Land Use Element of the City of Delray Beach Comprehensive Plan, page III-G-41). This land use description does not contemplate a hotel's use of a beach access parking lot. This is further bolstered by the following comments in the Evaluation and Assessment Report, adopted May 1996, regarding Future Land Use Policy C-3.4 which addresses economic development at the beach: "The Open Space Zoning and land use on the beach limits development and the small commercially zoned area east of the Intracoastal Waterway severely limits development in the immediate vicinity of the beach" (see page 48 of the Future Land Use portion of the EAR). The Honorable Jay Alperin, Mayor, and the City Commissioners of Delray Beach May 6, 1997 Page 3 of 5 SPRAB Decision Lacks Required Findings on OS Zoned land The site plan for Modification//2 requires combining the beach access parking lot (zoned OS) with the hotel parking lot (zoned CBD). The SPRAB decision is defective because the Board never made the required findings regarding the use of OS park land in the site plan. The OS park land must be considered part of the site plan because it provides the access drive to both the hotel parking spaces which literally abut the hotel's north property line and the east entrance/exit to the hotel parking garage. The "General Data" provided in the SPRAB Report for the "alternate layout" only addresses CBD zoning and excludes any reference to OS zoning. The "Staff Plan Analysis" section of the SPRAB Report mentions the "unification of the hotel parking area and beach public parking lot" on page 3 under Buildine Setbacks. However, there is no staff analysis regarding the use of OS zoning and there is no explanation regarding the fact that the applicant is not required to provide an access drive on its property for the parking spaces in the north hotel parking area. Furthermore, no authority is provided for the City to provide the use of a beach access parking lot zoned OS in order for the applicant to meet its on-site parking requirements. The "Required Findings" section of the SPRAB Staff Report must include certain findings pursuant to LDR Section 3.1.1. Specifically, the LDR section requires SPRAB to make a finding that "It]he resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with land use designation as shown on the Future Land Use Map for the land." The SPRAB report does not address the use of OS zoning and the related land use for the hotel parking area and the Board did not make an affirmative finding that the hotel use of the OS zoned beach access parking lot is allowed in OS. In fact, during board discussion at least three of the Board members expressed strong reservations about the private use of public land. The undated City Commission Documentation attached to the City Manager's memorandum of May 2, 1997, attempts to rectify this situation by providing the findings regarding the zoning and land use for the North Beach Parking Lot which were omitted from the SPRAB Report. The City Commission Documentation at page 3 states that "all of the City parking (north row of parking) and the access drive will be within the OS zone district and CF Future l_and Use Map designation. The proposed hotel parking (south row of parking) will be on property having a zoning designation of CBD (Central Business District) and a Future Land Use Map designation of Commercial." This staff analysis makes a superficial distinction for the hotel parking that separates the parking space from the access drive so that by implication the hotel parking lies solely within the CBD. However, the only way the cars belonging to hotel guests can park in the hotel parking is to use 25 feet of the beach access parking lot for access. Therefore, City park land zoned OS is being used for commercial parking. Furthermore, there is no access to either the hotel parking spaces or the east entrance of the hotel parking garage except through the use of the driveway which lies wholly within the OS zoning district. This access to the hotel parking spaces and the hotel parking garage is strictly of a commercial nature, and it does not belong in the OS zoning that underlies the North Beach Parking Lot. Thc-hotel could not construct the 5-story building 25 feet to the north if it were not for the commercial use of the City lot to provide access to the hotel parking and its garage. The Honorable Jay Alperin, Mayor and the City Commissioners of Delmy Beach May 6, 1997 Page 4 of 5 Florida Constitution, Article 7, Section 10 Any site plan that depends on the City entering into an agreement with the applicant for the use of municipal realty (i.e., the North Beach Parking Lo0 will be subject to challenge under Article 7, Section 10, of the Florida Constitution since the parties to the agreement cannot demonstrate that the agreement serves a public rather than a private purpose. Public Safety Issue In reply to a question raised by a SPRAB Board member, the applicant testified at the SPRAB meeting on April 16, 1997, that the public would not be able to enter the parking garage because the garage entrance would be gated. If all the public parking spaces are full, a driver would have to do a "do-si-do" in the ramp area provided for entrance/exit of the parking garage in order to tum around and exit back onto A1A. This creates unsafe and potentially dangerous situations as beachgoers compete with valet parkers who are hurrying in and out of the garage or valet spaces in order to maximize their tips. Detrimental Effects on the Public's Use of the North Beach Parking Lot The combining of the hotel parking and the beach access parking will have detrimental effect on the use of the public parking. The parking will simply "disappear" inside the Holiday Inn (or Marriott) grounds. The Holiday Inn has lots of experience making public parking disappear. The public parking at the comer of Atlantic and Andrews Avenue which was required as a condition for the construction of the original hotel building has been the City's best kept secret since the mid- 1980's. The Land Exchange Agreement specifically required that the existing beach access parking lot with 24 spaces next to the original hotel building would not be demolished until the new North Beach Parking Lot was completed. Somehow this winter, half the parking spaces in the existing lot and the City's parking meters literally disappeared. In response to a Board member's question, the applicant stated at the SPRAB meeting that the hotel's valet parking spaces on the south side of the lot would be roped off or blocked with traffic cones. As a beachgoer pulls into this supposedly private/public parking lot, the greeting will be less than welcoming with the ropes and/or traffic cones that scream to stay away from half the spaces in the lot. Modification/?2 Substitutes for a Failed CRA Plan It also needs to be mentioned that the CRA tried unsuccessfully to propose a public parking garage along the length of the east side of Andrews Avenue between Atlantic Avenue and the fire station. That proposal included ..t,~king the 30 spaces in the North Beach Parking Lot and incorporating them into the parking garage?The CRA Director stated at the CRA meeting of the March 13, 1997, that tuming beach access parking into business parking was a good trade-off. Presumably this plan would have resulted in the Holiday Inn taking over the North Beach Parking LOt property. With The Honorable Jay Alperin, Mayor, and the City Commissioners of Delray Beach May 6, 1997 Page 5 of 5 Modification//2 (which was submitted to the P&Z Department on April 3, 1997), the Holiday Inn gets to use half of the property it would have gotten if the parking garage idea had gone forward. I respectfi~lly request that the City Commission overturn the SPRAB decision of April 16, 1997, regarding the Camino Real Holiday Inn Modification Sincerely, Kathryne B. Stokes cc: David T. Harden, City Manager Susan A. Ruby, Esq., City Attorney Alison MacGregor Harty, City Clerk 1,~ Janet Meeks, Senior Planner 1.1~'/-~5-1D~? 17:21 FP, OH IIA$OII YE~GER ET ~L TO P. E~i Law Offices F. Martin Perry & Associates, P.A. ~. ~n~ v~xv 1645 Palm Beach Lakes Blvd. x~t~mo~ c~) ~t~s~ ~c~o~ B.~,~' Suite 1200 ~.x ~) ~s~ West Palm Beach, Florida 33401 VIA FACSIMILE (561) 243-3774 / Cl~/' CLEI~K May 5, 1997 Ms. Alison MacGregor Harry City Clerk City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Re: Camino Real Holiday Inn Site Plan Modification Manor House Appeal Dear Ms. Harty: I am in receipt of a letter to you from Alan Ciklin dated April 30, 1997 requesting that the appeal filed by Doak S. Campbell, III, on behalf of the Manor House Condominium Association be dismissed. We have been retained by the Manor House to represent their interests henceforth regarding the Camino Keal Holiday Inn expansion and particularly, this appeal. The Notice of Appeal was filed in a timely manner and adequately put the parties on notice. Dismissal of the appeal for failure to meet the technical requirements of the Land Development Regulations would unjustly deny the due process rights of the Manor House Association. This correspondence shall serve to supplement the Notice of Appeal by summarizing the general basis of the appeal and the relief being sought, but shall not limit our ability to raise additional groUnds during the hearing. A. The modifications to the site plan submitted by Ocean Properties, Ltd., and approved on April 16, 1997 by the Site Plan Review and Appearance Board should not have been considered a minor site plan modification. The modifications are major as I.l~'¢-~-lqq?__ __. 17:'~'-'== FROI'I I IF~SOII ','EF~GER ET F~L TO P. ~'~2_ Ms. Alison MacGregor Harty May 5, 1997 Page 2 defined in the regulations and are required to be processed in the same manner as the original site and development plan. B. The findings required by Section 2.4.5 (G) (5) that the, "... the proposed changes do not significantly affect the originally approved plan", were not made. C. The findings for the landscape waiver required by Section 2.4.7 (B) (5) were not made. D. The consent of the Delray Beach City Commission to the inclusion of the public parking lot into this site plan modification application was granted as an add-on item to the City Commission agenda the night before the SPRAB meeting. That item should not have been considered by the Commission, since Section 2.4.2 only allows add-ons for emergency items. Therefore, the joinder of the City Commission in the application should not be considered valid. Based on the foregoing, demand is hereby made that the applicant be required to resubmit an application for a major site plan modification and landscape plan and seek the joinder Of the City of Delray Beach in a timely fashion. Very truly F. Martin Perry cc: (via facsimile) Susan Ruby, Esq., City Attorney (561 278-4755) David T. Hardin, City Manager (561-243-7166) Diane Dominguez., Director, Planning & Zoning (561-243-7221) I-I:\111 lkl~or~Apt~15-5.1qOT.ebh/m~ TOTRL F'.O2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lvlh~AGER~t~/ SUBJECT: AGENDA ITEM ~ ~- REGULAR MEETING OF MAY 6, 1997 CONDITIONAL USE REQUEST/EMMANUEL EVANGELICAL LUTHERAN CHURCH OF DELRAY BEACH (QUASI-JUDICIAL PROCEEDING) DATE: MAY 1, 1997 This is before the Commission to consider a request for conditional use approval to allow the establishment of a church (Emmanuel Evangelical Lutheran Church) within the R-1-A (Single Family Residential) zoning district. The proposed location is at the west end of S.W. 6th Street, approximately 130 feet west of the intersection of S.W. 6th Street and S.W. 17th Avenue. The site contains 1.65 acres. Please refer to the attached documentation for additional background and analysis. The Planning and Zoning Board considered this petition at a public hearing on April 28, 1997. There was public testimony both supporting and opposing the request. Surrounding property owners objected to potential noise and traffic which they felt would negatively impact the neighborhood, while supporters felt the church would not be disruptive. After discussion, the Board voted 4 to 2 (Carbone and Schwartz dissenting; Young abstaining) to recommend that the request be denied based upon a failure to make positive findings with respect to LDR Section 2.4.5(E) (5) (Conditional Use Findings) and policies of the Comprehensive Plan. In its assessment of the development proposal, staff finds that the proposed use is appropriate at the subject location and should not have a negative impact on adjacent properties. Therefore, staff recommends that the request be approved based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Conditional Use Findings) of the Land Development Regulations and the policies of the Comprehensive Plan, subject to the conditions outlined in the staff report. Recommend Commission consideration. ref:agmemo5 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ~IRE~T~R AND ZONING FROM: ~:EY A. COSTELLsENi,OR PLANNER O SUBJECT: MEETING OF MAY 6, 1997 CONDITIONAL USE REQUEST TO ESTABLISH A CHURCH FACILITY FOR EMMANUEL EVANGELICAL LUTHERAN CHURCH OF DELRAY BEACH. The action requested of the City Commission is that of approval of a Conditional Use request for Emmanuel Evangelical Lutheran Church of Delray Beach, within the R-1-A (Single Family Residential) zoning district. The subject property is located at the west end of S.W. 6th Street, approximately 130 feet west of the intersection of S.W. 6th Street and S.W. 17th Avenue, and contains 1.65 acres. The congregation is currently conducting services at Trinity Lutheran Church at the northwest corner of Lake Ida Road and Swinton Avenue. The congregation is seeking to establish its own facility on the subject property. The development proposal consists of the following: · Construction of a 5,984 sq.ft, church facility with a 280 seat sanctuary/assembly hall, kitchen and office, and a future 2,085 sq.ft, bible study classroom and office addition with a playground (total of 8,069 sq.ft.); · Abandonment of the 25' unimproved roadway easement which runs along the north and east sides of the property; · Construction of 94 parking spaces consisting of 49 paved parking spaces (including 4 handicapped accessible spaces) along the south and east side of the proposed building, and 45 stabilized sod parking spaces on the north side of the proposed structure; and, · Installation of associated landscaping and a refuse storage area. City Commission Documentation Meeting of May 6, 1997 Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Request Page 2 The Planning and Zoning Board considered the request at a public hearing on April 28, 1997. Public testimony was provided both supporting and opposing the conditional use request. The surrounding property owners objected to potential noise and traffic which they felt would negatively effect the neighborhood. Supporters felt the church would provide a permanent location for the congregation and that the use would not be disruptive. After lengthy discussion, the Board voted 4-2 (Carbone and Schwartz dissenting, Young abstaining) to recommend denial of the conditional use request, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations and policies of the Comprehensive Plan. By motion, approve the conditional use request for Emmanuel Evangelical Lutheran Church of Delray Beach based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. Submission of a full site plan application to be processed pursuant to Section 2.4.5(F) of the Land Development Regulations and to address the attached "Technical Items"; 2. That the seating capacity be limited to 280 persons; 3. That trees be installed 25' on center, with an 8' high opaque fence along the east property line from the south property line to the north property line of Lot 6, Carver Park, and a hedge 4.5' high at the time of planting for the balance of the east property line; and, 4. That the 25' wide roadway easement which runs along the north and east sides of the property be abandoned. Attachments: · P & Z Staff Report and Documentation of April 28, 1997 · Petition of Objection from the Carver Park Homwowners Association PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 28, 1997 AGENDA ITEM: IV.A. ITEM: Conditional Use Request to Allow the Establishment of a Church (Emmanuel Evangelical Lutheran Church), Located at the end of S.W. 6th Street, Approximately 130 Feet West of the Intersection of S.W. 6th Street and S.W. 17th Avenue. GENERAL DATA: Owner ............................. Leonard Surles, Sr. & Leon Surles Applicant ......................... Emmanuel Evangelical Lutheran Church of Delray Beach, FL Agent .............................. Albert L. "Bob" Miller Location .......................... At the end of S.W. 6th Street, approximately 130 feet west of the intersection of S.W. 6th Street and S.W. 17th Avenue. Property Size .................. 1.65 acres Future Land Use Map ..... Low Density Residential 0-5 du/ac Current Zoning ................ R-I-A (Single Family Residential) Adjacent Zoning ....North: OS (Open Space) East: R-I-A South: OS West: 1-95 Existing Land Use ........... Vacant land Proposed Land Use ........ Construction of a 5,984 sq.ft, church facility with a 280 seat sanctuary and associated uses, with a future 2,085 sq.ft, bible study classroom addition and playground (total of 8,069 sq.ft.); construction of 94 parking spaces (49 paved and 45 stabilized sod) with associated landscaping. Water Service ................. Available via extension of an 8" main from an existing 6" water main located at the intersection of S.W. 6th Street and S.W. 17th Avenue, approximately 130 feet to the east of the property. Sewer Service ................. Available via a main connection to the existing 8" sanitary sewer main located at the intersection of S.W. 6th Street and S.W. 17th Avenue. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a 280 seat church facility for Emmanuel Evangelical Lutheran Church of Delray Beach. The subject property is located at the west end of S.W. 6th Street, approximately 130 feet west of the intersection of S.W. 6th Street and S.W. 17th Avenue. The subject property consists of a vacant unplatted parcel of land containing 1.65 acres. Prior to 1980, the property was owned by FDOT (Florida Department of Transportation) and was excess 1-95 right-of-way. On August 4, 1995, a request for Conditional Use and attendant sketch plan approval for Emmanuel Evangelical Lutheran Church of Delray Beach was submitted to establish a church facility at the southwest corner of S.W. 6th Street and S.W. 7th Avenue (0.93 acres). The development proposal included the construction of a 160-seat 4,928 sq.ft, church facility with a fellowship/dining room, administrative offices and a kitchen, with associated parking and landscaping. At its meeting of October 10, 1995, the City Commission denied the conditional use request based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations and policies of the Comprehensive Plan, that there was an overabundance of churches and institutional/public uses within the neighborhood which create traffic problems and detract from the neighborhood. The congregation is currently conducting services at Trinity Lutheran Church at the northwest corner of Lake Ida Road and Swinton Avenue. The congregation is seeking to establish its own facility on the subject property. The development proposal consists of the following: Q Construction of a 5,984 sq.ft, church facility with a 280 seat sanctuary/assembly hall, kitchen and office, and a future 2,085 sq.ft, bible study classroom and office addition with a playground (total of 8,069 sq.ft.); Q Abandonment of the 25' wide unimproved roadway easement which runs along the north and east sides of the property; Q Construction of 94 parking spaces consisting of 49 paved parking spaces (including 4 handicapped accessible spaces) along the south and east side of P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 2 the proposed building, and 45 stabilized sod parking spaces on the north side of the proposed structure; and, Q Installation of associated landscaping and a refuse storage area. The administrative offices will be in service weekdays from 6-8 hours and there will be 3-4 employees. The church/sanctuary will be used primarily on Sundays from 6-10 hours and occasionally on weeknights for special worship services and church meetings. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Low Density Residential (0-5 dwelling units/acre) and is zoned R-1-A (Single Family Residential). The R-1-A zone district is consistent with the Low Density Residential land use designation. Pursuant to LDR Section 4.4.3(D)(2), within the R-1-A zone district, churches, places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities are allowed as a Conditional Use. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care, or by rezoning the property to CF (Community Facilities), as appropriate. Based upon the above, a positive finding with respect to consistency with the Future Land Use Map can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 3 Water and Sewer: To date no water and sewer plans have been submitted, however, the following is noted: [] Water service is available via extension of an 8" main from an existing 6" water main located at the intersection of S.W. 6th Street and S.W. 17th Avenue, approximately 130 feet to the east. Adequate fire suppression is to be provided via installation of a fire hydrant on site at the entrance to the property. [] Sewer service is available via a main connection to the existing 8" sanitary sewer main located at the intersection of S.W. 6th Street and S.W. 17th Avenue. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Paving and drainage plans are not required with a conditional use request. With a full site plan submittal, drainage plans will be required. Drainage must be retained on-site. At this time, there are no problems anticipated complying with South Florida Water Management District or Lake Worth Drainage District requirements. Streets and Traffic: A traffic impact statement has been submitted indicating that the proposed 5,985 sq.ft, church (phase 1) will generate 56 average daily trips to the surrounding roadway network, and the 2,085 sq.ft, bible school and office addition (phase 2) will generate 20 average daily trips for a total of 78 average daily trips. The traffic impact analysis complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. It should be noted, however, that while the trip generation is based on a square footage basis for daily trips, the peak trip generation period is Sunday at which time 438 trips are generated in a relatively short time period. As there are no churches within 1,000' of the property and the institutional uses are operated during weekdays, the traffic impacts on the residential neighborhood will not be significant. P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach Conditional Use Approval Page 4 Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Trash generated each year by the proposed 5,984 sq.ft, church will be 1.6 pounds per square foot per year or 4.79 tons per year. The 2,085 sq.ft, addition to be constructed in the future will generate 1.67 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Housin_o Element Ob_iective B-2 - For those areas identified as "rehabilitation areas" on the Residential Neighborhood Categorization Map, the City - through its Community Improvement Department - shall provide concentrated programs of code enforcement, public investment in infrastructure, public assistance in the rehabilitation of structures, public action in the provision of replacement housing, opportunities for new private development, and special social programs all directed toward the stabilization and revitalization of those designated areas. Pursuant to the Residential Neighborhood Categorization Map of the Housing Element, the surrounding neighborhood is designated as "Revitalization and Rehabilitation". The policies related to neighborhoods so designated concentrate on the provision of housing opportunities, through rehabilitation and infill programs. The location and configuration of the property does not lend itself to a desirable single family development, especially with the property being bordered on its west and south sides by a 20' high 1-95 sound barrier/wall. Land Use Element Objective A-1 - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 5 There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed use. The property can be developed in a manner which is complimentary to the adjacent residents, and will allow development of a parcel of land which is not well suited for residential development. This development will provide a permanent facility to serve a congregation which is temporarily meeting at another church facility. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by the following zoning districts: to the north and south is zoned OS (Open Space); to the east is zoned R-1-A (Single Family Residential); and to the west, across 1-95 and the CSX railroad is MIC (Mixed Industrial and Commercial). The existing land uses are primarily single family residences to the east, with vacant lots to the north and south, and the South Palm Beach County governmental complex to the west. The proposal includes abandonment of an existing 25' wide roadway easement along the north and east sides of the property which separates it from the existing residences. The proposal calls for a parking lot drive aisle along the east side of the property with a minimum 8' wide landscape buffer adjacent to the residences, and the church to be situated on the west side of the site. There are regulations in place to mitigate adverse impacts which include the installation of trees every 25' on center and a hedge or wall. As the church property abuts the rear of the residential properties, it is appropriate to install an opaque fence in addition to the required landscaping. The fence should be installed at least from the north property line of Lot 6, Carver Park, to the south property line. It does not seem necessary to require the fence along the entire east property line as the north portion of the site will contain sod parking spaces and landscaping. While a singular church is not typically considered to create adverse impacts on a residential neighborhood, a large number of churches and other institutional service type uses can detract from a neighborhood's residential character. As multiple church facilities create concerns over cumulative traffic impacts in residential areas, an analysis was conducted to determine the capacity of churches within 1,000 and 2,000 feet of this proposal (see attached radius map). P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 6 There are no church uses within 1,000' of the property, and only 3 churches within 2,000' of the property. As there are no churches located within 1,000' of the property, the following is a summary of existing and approved churches within a 2,000' radius. Seating Churches within 2.000' Status Capacity. Church of Christ Currently Operating 100 (East side of SW 15th Ave., app. 250' north of SW 2nd St., adjacent to 1-95) National Church of God Currently Operating 40 (East Side of SW 13th Ave., app. 100' north of SW 2nd St.) Eglise Baptiste Ebenezer Church Currently Operating 99 (NE corner of SW 3rd St. and SW 13th Ave.) Total 239 In addition to the above, an analysis was conducted to determine the number of child care centers and institutional/community facilities in the vicinity of the proposed church. One block to the southeast is the Catherine Strong Center which contains the Delray Beach Head Start Child Care Facility, and the Boy's and Girl's Club of Palm Beach County. Further to the east is the Delray Full Service Center vocational center (former Carver Middle School). The child care center has peak traffic periods during the week, while the peak traffic periods for churches are primarily during the weekends. The property is located at the perimeter of the residential neighborhood with much of the traffic generated by this development accessing the site from the south utilizing S.W. 17th Avenue, through an industrial area. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. These items P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 7 have transmitted to the applicant and will need to be addressed with the full site plan submittal. 1. The parking indicated on the attached sketch plan was calculated based upon the church having a seating capacity of 252 persons, which would have required 84 parking spaces. The review of the sketch plan indicated that the seating capacity was actually 280 persons which requires 94 parking spaces. The applicant has revised the conditional use request to accommodate a seating capacity of 280 persons and provided documentation stating that the required 94 spaces will be provided. In order to accommodate the required parking spaces, the north parking area should be revised to eliminate the dead-end bays. 2. At the west end of the south parking area, the parking lots must be connected to provide better traffic circulation and access for waste service vehicles. 3. Pursuant to LDR Section 4.6.16(H)(3)(e), one tree must be planted every 25' on center along with a hedge along the east property line. As the church faces the rear yards of the existing residents to the east it is appropriate that a 6' high opaque wood fence be installed along the east side of the property from the north property line of Lot 6, Block 1, Carver Park, to the south property line. , 4. The plans reference a monument sign which includes a 2'6' high cross. The height of the proposed sign will require approval of a waiver by the City Commission. This item will be addressed at the time of a sign permit submittal. 5. Pursuant to the Florida Accessibility Code for Building Construction, parking lots containing 76 to 100 parking spaces must provide four handicapped accessible parking spaces, only 3 have been indicated. Documentation has been provided stating that the site plan will be revised to accommodate, the 4 required handicapped accessible spaces. 6. Site lighting locations and fixture details must be indicated on the plans. 7. A City of Delray Beach typical parking lot striping detail must be indicated on the plans. 8. The area where the asphalt areas end and the sod parking begins must be clearly indicated on the plans. P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 8 9. Within the sod parking areas terminal landscape islands must be provided along with protective curbing at the end of the parking rows. 10. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for S.W. 6th Street is 60 feet and 50 feet of right-of-way currently exists. Thus, this development is required to dedicate 5 feet of right-of-way. However, the right-of-way width may be reduced provided the reduction is supported by the City Engineer. This item requires a waiver and can be addressed at the time of site plan review. 11. Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along the property's frontage on S.W. 6th Street. 12. Pursuant to LDR Section 4.6.9(D)(3)(e), a stacking distance of 20 feet is required on S.W. 6th Street and only 5 feet has been provided. As the property is located at the end of a roadway on a cul-de-sac, with no other access taken from adjacent properties it seems appropriate to reduce the stacking distance. Roadway Easement Abandonment In conjunction with the conditional use request, a petition is being processed to abandon a 25' wide roadway easement which runs along the north and east sides of the property. Within the area to be abandoned, the parking lot driveway aisle and landscaping will be installed. Thus, the proposed sketch plan is based upon the abandonment of the easement. If the easement is not abandoned, redesign the parking will be necessary, which may affect the seating capacity of the church. Thus, approval of the conditional use request should be contingent upon the roadway easement abandonment. The development is not within a geographical area requiring review by the DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Community_ Redevelo.oment Agency: At its meeting of March 27, 1997, the Community Redevelopment Agency reviewed the proposal and recommended approval of the conditional use request. P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 9 Site Plan Review and A.Dpearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the conditional use petition, and address the listed "Technical Items". Courtesy and Neighborhood Notices: A courtesy notice has been provided to the following homeowner's and civic associations: E] Carver Square Homeowner's Association ~ Carver Park Homeowner's Association r~ Delray Beach Heights I~ Lincoln Park Homeowner's Association I~ Rosemont Homeowner's Association ~ Sunshine Homeowner's Association Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The development proposal is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. Also, positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made provided the landscape buffer along the east property line is increased. The proposed use is appropriate at the subject location and should not have a negative impact on the adjacent properties. 1. Continue with direction. 2. Recommend approval of the conditional use request for Emmanuel Evangelical Lutheran Church of Delray Beach based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request for Emmanuel Evangelical Lutheran Church of Delray Beach based upon a failure to P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 10 make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations and policies of the Comprehensive Plan, of the proposed use with adjacent land uses. Recommend to the City Commission approval of the conditional use request for Emmanuel Evangelical Lutheran Church of Delray Beach based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. Submission of a full site plan application to be processed pursuant to Section 2.4.5(F) of the Land Development Regulations and to address the attached "Technical Items"; 2. That the seating capacity be limited to 280 persons; 3. That trees be installed 25' on center, with an 8' high opaque fence along the east property line from the south property line to the north property line of Lot 6, Carver Park, and a hedge 4.5' high at the time of planting for the balance of the east property line; and, 4. That the 25' wide roadway easement which runs along the north and east sides of the property be abandoned. Attachments: Radius Map Sketch Plan Floor Plan Report prepared by: Jeff Costello. Senior Planner TRUCKING MA 77ZRIAL S -- -- CONGRESS -- SQUARE -- ~ -- SOUTH COUNTY AOMINIS TRA TIV~ COMPLEX pA?K AUBURN $oiTH SAFEWAS TQRA SELFGE Y AUBURN CIR. AUBURN D ~LRAY 7-H BT. CARWR ESrA~S / E A~i~H- s.w. M ~ N i CX?A L O 0 L F ~ DEaRer BEA CH couRSE FAIRWAYS ON ~E BLVD. ~ .W, 10TH STREET GREENS APARTMENTS ~OWSON ~ i SHERWOOD N SURROUNDING NON-RESIDENTIAL USES ~ WITHIN 1,000' OF THE SUBJECT PROPER~ WITHIN 2,000' OF THE SUBJECT PROPER~ A. - DEL~Y B~CH H~D START I. - CHURCH OF CHRIST PLANNING DEPARTMENT CHILD CARE CENTER 2. - NATIONAL CHURCH OF GOD Cl~ OF DELRAY BEACH, FL B, -- BOYS · GIRLS CLUB 5. - EGLISE BAPTISTE EBENEZER C. - DEL~Y FULL SERVICE CENTER -- DIGITAL BASE EAP SYSTE~ -- MAP REF: LMA41 FItO#: CdRUER P~RK~IEIgHOORHOOO gSSOtlgTlO# PRESI~EIITEEORCE ~IIIIFLOItAHEE TO: CITI' OF PEtltOl' I'LtlIJVIIg IIIW ZOlfllfg OOARD EIgLOSEO PLEtISE FII~ COPIES OF OUIt PETITIOI~ gild ~lg~P PETITIDH). Tlll~lg( loll FOIt l'OIIlt CO-OPEItltTIOtl IllTH TILLS HO TTEIt. $IIfCEItEL gEOltgE tlltlf FLOltlIHCE 1997 PLAI~NI~NG & ZONING CITY OF DELRA Y OF CIAL Clly OF DELRAY PIANNINO AND ZONINg, THE EMMANUAL EVANGELICAL LUTHERAN CHURCH OF DELRAY, CHURCH BOARD OF THE TRINlly EVANGELICAL LUTHERAN CHURCH AND SCHOOL AND ALL OTHERS CONCERN' WE THE CONCERNED NEigHBORS, HOMEOWNERS, TENTANTS OF THE CARVER PARK NEIGHBORHOOD ASSOCIATION AND SURROUNDING AREA DO STRONGLY OPPOSE THE CONDiTIONAL USE AND SITE PLANS THAT ARE TO TO MADE CONCERNING: THE PROPERLY THAT PORTION OF THE EAST HALF ('El~2) OF THE NORTHEAST OUARTER('NE 1/4) OF THE NORTHEAST OUARTERS ('NE 1/4) Or THE NORTHEAST QUARTERS (NEll4) OF SECTION lg, TOWNSHIP 4~ SOUTH, RANOE 43 EAST, L ~qNG EAST OF STATE RO~D J9 (I-PS) PALM 8EACH COUN1Y FLORIOA (' S.~. BTH STREET APPROXIMATELY 150 FEET WEST OF THE INTERSECT/ON OF S.~ 8TH STREET AND S.~ 17TH AVE). LISTEO BELO~t ARE SOME OF OUR CONCERNS AND REISONS FOR OPPOSINO SUCH A DECISION. LIKE TO REMNN SINGLE FAMILY DISTRICT , ~tHATABOUT FIRE AND OTHER PROBLEMS- THE PROPERLY HAVE A ONE WAY IN AND OUT IF THERE IS A MAJOR ONE THE HOMEOWNERS DIRECTLY TO THE EAST ~tOULD HAVE A REAL PROBLEM. ~THE HOMEOWNERS DIRECTLY TO THE EAST ON BOTH SIDES OF THE STREET ARE ALL EL DERL Y AND RETIRED. ,~tHAT ABOUT ADDED NOISE- THEY JUST PUT UP THE WALLS TO STOP NOISE FROM I- g5 AND NOW A MUL TIFN41L Y BUILDINO. ~TRA£F£- A MMOR PROBLEm_- IN THE PAST CARS HAVE ACTUALLY ENTERED MR. TOBY WARES HO~E ABOUT 5 llME$ QAUfilNfi MAJOR Dt~AOES EVERY llME. THEY CLOSED THE ROAD AFTER A VOTE HERE AT THE Cily AND NOW YOU WANT TO OPEN THAT SA~E ROADWAY AS AN ENTRENCE FOR THE CHURCtL OTHERS WILL Sl~LL USE ~AND MR. WARE HAS NOT COHEN ANY YOUNGER IN FACT IT HARDER TO AROUND. ,TRA£FIC ALSO IS A PROBLEM BECAUSE PEOPLE USE OUR NEIGHBORHOOD AS AN ENTRENCE TO GET INTO THE CENTER OF DELRAY AND TO OET TO ATLANTIC AND OTHER POINTS FROM lOTH STREET- AND THE WAREHOUSES THAT OPERATE VARIOUS BUSINESS JUST TO OUR NORTH. ~ THE ADDED TRAFFIC POSES A HAZZARD TO OUR CHILDREN ORAND CHILDREN AND ELDERLY AND DISABLE RESIDENTS. ,THE SIZE OF THE CHURCH IS ALSO A CONCERN- ABOUT 280 MEMBERS-WHAT ABOUT PARKING NOW ANO THRU YEAR 2005 WHEN THE CAN ADD ON AND MEMBERS INCREASE. HOYt ARE ~tE TO COPE WITH THE ADDED GRO~H- PARKING- PEOPLE- TRAF£1£- THE SIZE OF THE £HUR£H. , AccOROI~ IO IHI pLA~ A PlAY ARE~AND CM$$ROOM~ M~Y BE O0~$1blplO MoRE pROBLI~' - yORE plOpL~ ~l b~Y ~yb yl~y~ NEEDED IO ~ONb~cI THE B~SINESS OF ,IylOK Ol THE ~URS I~I ~ERE COULD BE AC~IES- ~i pLANS ARE ~ooJlcT To C~E O~l IN ~l ~VI NO plcOURSI *~Oyl cy~Rcyl~ ~6 LOUB ~P- ~ILl I~T El ~ pRoBLEM? ~yIN ~ULb OUR yll~yoOp~b sLIIp~A bAY ~IARI ~BOUT 5 OR 80"cL~K IN OF US ARE ~I~ED.~VE ~SoyE ~VE SE?loPS ILLNESS AND ~ D~S ~T END U~IL ABOUT MIbN]P~ DU~]N8 Iyl ~EEK AND oN ~EEKINb YoU COULD HEAR NOISE SOM~IMES ALL N~ oOUP NE~OR~D ~VE OTHER BUSINESSES SUCH 6 DAY ~RhSC~L AND OHURQH AYb 00~ FORO~ THE ~RE~USE ~E'VE BEARED OUR BURDEN FOR OTHER ~E~S OTHER T~N SINOLE FA~IL Y ~THINK OF THE NUMBER OF STR~ERS T~T ~OULD CO~E I~0 OUR ~H~OR~D 80TH ~NO ~D - ~E~BERS ~ND ~N~E~ERS { THE O00D CO~E TO C~RCH TO ~ORS~P ~ND ~E B~O FOLLO~ TO SEE ~T TH~ ~N ~ET FROY ~E CHURCH FOLKS OR ~gEO~NER~ ~ ~ILL BE RES~IBLE FOR THE ADDED SECURI~ TO OUR ~ES AND THE CHURCH ~ER ~UR~ t~HEN ~ERE IS ~ PROBLE~ AT ~E CHURCH A~R ~URS ~tLL THE ~E O~ERS BE PUS~D TO 8E ~R BROTHERS KEEPE~ ~E CHURCH ~ND O~ERS QO~ER~D ASSU~ED ~E AS A NE~HBOR~D ~LD ~ELCO~E A CHUROH ~H OPEN ~R~ BUT T~ F~ILED TO ~SK ~ ~E FELT ABOUT ~ OR ~EATHER ~OR CONCERNS ~ JUST Q~E TO ~E C~ ~NO ~10 ~ IS ~T ~E ~ ANO OUR PROBLE~ S~LL ~VE ~T BEEN ~DDRESSED. t~ ~E ASK T~T Y~ PLEASE R~ NL OF OUR ~TER~LS ~RNED IN T~Y OR 8Y DATE BEFORE YOU ~KE A DECISION. PET! TIOlY ldE THE HOHEO#HERS fHB HE~ERS OF THE CfRI, IER PfRK HDHEOIdHERS flSSOCIfT]OH fiRE SIGH]HG THiS PETiT]OH TO OPPOSE THE COHI)TTTOHRL USE PLItH OF THE EHHRHURL EURHGELTCRL LUTHERH CHURCH \ PET! WE THE HOI,IEOWHERS AHB HEHBERS OF THE CARUER PARK XOHEOWHERS RSSOCIflTiOH fiRE SIGHiHG THiS PETiT]OH TO OPPOSE THE COHBITiOHRL USE PLflH OF THE EI,IHflHUAL EUflI'tGELICAL LUTHERH CHURCH PE TI TIOlY WE THE HOHEOWHERS AHB HEHBERS OF THE C~RUER PaRK HDHEOWHERS flSSOC]flT]OH RRE SiGHiHG THIS PETIT]OH TO OPPOSE THE COHO[TIOHflL USE PLflH OF THE EHHAHUflL EUflHGEL]CflL LUTHERH CHURCH - ?E T! &dE THE HONEOIIHERS Al, ID HEHBERS OF THE CARIJER PARK HOHEOI~HERS IISSOC]IIT]QH lIRE S]GH]HG TH]S PETIT]OH TO OPPOSE THE COHBTTIOHttL USE PLlIH OF THE EHHRHUAL EUfll',IGELTClIL LUTHERH CHURCH ?E T! TIOlY YE THE HONEO~HERS ~FIB PlEI, IBERS OF THE CARUER PARK H§HEOI3HERS flSSOC]flT]OH fiRE S]GH]HG THIS PETIT]OH TO OPPOSE THE COHBiT]OHflL USE PL~H OF THE EHHRHUflL EU~HGELZC~L LUTHERH CHURCH · °E T! WE THE HOI4ED~HERS ~IHB HEHBERS OF THE C~R~ER P~R~ HDHEO~HERS flSSOC]flT]OH fiRE S]GH]~ THIS PETIT]OH TO OPPOSE THE COHBZTZQHflL USE PLRH OF THE EH~flL EUfl~ELXCflL LUTHERH CHURCH ?ET! &dE THE HOHEO~HERS ~HB HEHBERS OF THE CNRUER P~RI( HOHEOI~HERS t:ISSOCIRT]OH fiRE S]GH]HG THIS PETIT]OH TO OPPOSE THE COHB:XT'IOHRL USE PLItH OF THE EHI',Ifl~NL EUflHGEL:[CflL LUTHERH CHURCH I PETITION NAME: EMM,~,NUAL CATHOLIC cHURCH I A. City of Delray Beach Comprehensive Plan as Existed on 5-6-97 B. City of Delray Beach Land Development Regulations as Existed on 5-6-97 C. City of Delray Beach Zoning Distdct map as Existed on 5-6-97 D. City of Delray Beach Futura Land Use Map as Existed on 5-6-97 ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE 1. Resume Brief of Paul Dorling. 5-05-97 2. Resume Brief of Jeffrey A. Costello. 5-05-97 ............... .,l: .................................................................... ,: ............. ...:.:....,...,,,.:...~.,.. ..................... [~ .. ~ [I[ ......... [[ .. ~:.:.....m:,,. .................... .] .............................................. ' ................................................. ................................................................. ....................................................................................................................................................... 1. Conditional Use Application and Transmittal Letter from Bob Miller, 3-17-97 Agent to Jeffrey Costello, dated March 13, 1997. 2. Traffic impact statement, dated March 13, 1997, prepared by 4-08-97 Richard Sherementa. 3. Letter from Jasmin Allen to Albert Miller, Agent, regarding the 4-01-97 status of the application, dated April 1, 1997. Page I I FILE NUMBER: 97-107-USE-CCA I PETITION NAME: EMMANUAL CATHOLIC CHURCH I 4. STAFF COMMENTS DATED 4-08-97 George Diaz 3-25-97 Barry Searles 3-31-97 Barron Caconite 4-02-97 Jeffrey Costello 4-03-97 5. Letter from Albert Miller to Jasmin Allen, dated April 3, 1997, 4-03-97 specifying the use of the "future classrooms." 6. Warranty Deed recorded in ORB 4202, Page 1359. 4-03-97 7. Project Transmittal Letter from Jeffrey Costello to Albert Miller, 4-08-97 Agent, dated April 8, 1997. 8. Title Certificate prepared by Robert W. Federspiel, received April 9, 4-09-97 1997. 9. Planning and Zoning Board Staff Report, dated April 28, 1997. 4-28-97 10. Letter from Pastor Edouane Jean to the Planning and Zoning 4-28-97 Board members, dated April 21, 1997. 11. City Commission Documentation for the meeting of May 6, 1997. 5-06-97 Page 2 IFILE NUMBER: 97-107-USE-CCA I PETITION NAME: EMMANUAL CATHOLIC CHURCH 1. Radius map showing all properties within a 500' radius. 3-17-97 2. 1996 tax rolls listing all property owners within a 500' radius of the 3-17-97 property. 3. Notice of Conditional Use published in the Boca News on April 17, 4-17-97 1997. 4. Notice of Conditional use (public notice), mailed April 17, 1997. 4-17-97 5. Special Courtesy Notice to the Neighborhood Associations, mailed 4-21-97 April 21, 1997. George & Ann Florance, Carver Park Neighborhood 4-25-97 4-25-97 Association, with petition signed by several individuals and photograph exhibits. Zerlean Williams, Rosemont Neighborhood 4-25-97 4-25-97 Association. Page 3 I FILE NUMBER: 97-107-USE-CCA I PETITION NAME: EMMANUAL CATHOLIC CHURCH ............. ~ ....... ~ ....... ~'~ ~:~'='=~'==:"""" ~ ........ ii:~i:=:=::i .... , ...... i ........................... ::~i:=::~.~::.<~..:::~:.~::::=:=:..~..~:-..:;=.:::.:....:... .......... [.[.i.[.i.i.i~!i~i!~!!!i~[~[i~iiiii!iiiiii!' :~ ! 'i ' !!:: =::" .~ . -' i.. ~..':.~:' '~' - !~ ' i i ' ! ~ . ~iii~iiiiiii~!!!~!~iiiiiiiiiii!i!ii~i[!!~iiiiiii!!::i!!!~!~i~ii~[iiiiii!i~!!~ii~i~!i[[~!!~!j[j[!i![![~[![!!i!!!!~ 1. Audio tapes of the Planning and Zoning Board's meeting of April 28, 1997. 1. Survey prepared by Gentry Engineering and Land Surveying, Inc., 3-17-97 updated February 11, 1997. 2. Sketch plan 'Conceptual Site Development" prepared by Roy 3-17-97 Simon, dated March 10, 1997. 3. State of Florida right-of-way map, dated April 15, 1970. 4-04-97 ::' ~ ~ :' ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: · : ~: ::::: :.: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~: 1. Abandonment of roadway easement for Emmanuel Evangelical Lutheran Church, File # 97-112. S:V~PPEALS\EMMANUEL Page 4 CITY OF DELRAY OFFICIAL .': CITY OF DELRAY PLANNINO AND ZONING, THE EMM~NUAL EVANGELI£AL LUTHERAN £HU££'H 0£ DE~RA~ CHURCH BOARD OF THE T~INI~ ~EL!C~L LUTHERAN ~HU~CH ~ND SC~L ~ND ~LL OTH~qS ~ONCERN. WE THE £ONCERNED NEIGHBORS, HOMEOWNERS, IENTAN5 0£ THE CARVER PARK NEIGHBORHOOD ASSOCIATION AND SURROUNDING AREA DO STRONGLY OPPOSE THE CONDITIONAL USE AND SITE PLANS THAT ARE TO TO t/ADE CON£ERNIN$ : THE PROPERTY THAT PORTION OF THE EAST HALF EEl/R) OF THE NORTHEAST OUARTER[.NE 1/4) OF THE NORTHEAST OUARTER$ ['NE 1//4,) OF THE NORTHEAST OUARTERS ['NEI/'4) Ot- S£CTiON lg. TOY/NSHIP 4B SOUT~ R,4NOE 43 [AST~ L/lNG EAST OF STATE ROAD h ['l-gS) PALM BEACH COUNlY FLORIDA [' S.// BTH STREET APPROXIt4ATELY L~O FEET Y/EST OF THE INTERSECTION OF £ // ~TH STREET AND S.~ lEI'HAVE). LISTED BELOY/ ARE SOME OF OUR CONCERNS AND REk.~ONS FOR OPPOSING SUCH A DECSICN' LIKE l'O REI~IN Stk~LE FAMILY OISTRICT ~ ~/HAT,~BOUT FIRE AND OTHER PROBLEMS- THE PROPERLY HAVE A ONE ~tAY L~ AND OU£ !? THERE 5 A ~JOR ONE THE HOMEO~/NERS DtRECTLY TO THE E,~ST ~Ob'LD HAVE,~ REAL PROBLE~ ~THE //O.~EO//NERS DIRECTLY TO THE EAST ON BOTH S/DES OF THE STREET ~RE ,4LL ELDERL Y,4N~ R~IRE~. ,~tHAT ABOUT ADOED NOISE- THEY JUST PUT UP THE Y/ALLS TO STOP NO/SE ?ROM !- g5 ANO NOiF / ,~lb~ TI£~U/L Y BUiLDiNg. ~TRAF£1C- A MA/OR PROBLEt~- IN THE PAST CARS HAVE ACTUALLY ENTERED MR. TOBY ~RES HOME ABOUT 5 TIMES CAUSIN$ ~dOR DAI~$ES EVERY TII~£ THEY CLOSED THE R~D Ak-TER / VOTE HERE ~T ~'IE CITY AND NO//YOU ~ANT TO OPEN THaT S~ME RO~D~YY AS/IN ENTRENCE FOR THE CHURCH. OTHERS #/ILL STILL USE ~AND UR. ~YRE HAS NOT $O~.EN ANY YOUNGER k~l rACT IT h'~RD£R TO SET /~ROUND, ,TRA£~'C AlSO/S ~ PROBLEM BEC/~USE PEOPLE USE ,OUR NE/$HBORHOOD AS AN ENTREN~,E TO GET iNTO ?HE CEhT'ER OF DELRAY AND TO SET TO ATLANTIC AND OTHER POINTS FRO,~I lOTh' STREET- TIlE ~,~REHOUSES THAT OPERATE VARIOUS BUSINESS JUST TO OUR NORTH. THE/DDED TRAFFIC POSES A HAZZARD TO OUR CHILDR£~ SRAND CHILDREN AND ELD~i~ Y A~(D DIS4BLE RES/DENTS. ~.?HE SiZE OF THE CHURCH IS ALSO .J CONCERN- ABOUT 280 .UEI4B£RS-WHAT ~BOUT AkD THRU YEaR 2005 ~EN THE 5~N ~OD ON ~ND ,VEUBERS /NCRE~S~ THE ADDED GRO~- PARKINg- PEOPLE- TRAFFIC- THE ~QE DF , ACCORDING TO THE PLANS A PLAY AREA, AND CLASSROOMS MAY BE CONSIDERED MORE PROBLE,~' - MORE PEOPLE, ~ORE DAY AND NI~HTS NEEDED I0 £ONDUST THE BUSINESS OF CHURCH. ,THINK OF THE HOURS THAT THERE COULD BE ACTIVITIES- ,~LL PLINS ARE SUBJECT TO CHANGE ONCE IN WE HAVE NO RECOURSE. ,SOME CHURCHES HAVE LOUD MUSIC- t~'ILL THAT 8E A PROBLEM? ~WHEN SHOULD OUR NEIGHBORHOOD SLEEP A DAY START ABOUT 5 OR 8 O'CLOCK k~l THE ,4. M. MOST OF US ARE RETIRED. HAVE JOBS. SOME HAVE SERIOUS ILLNESS AkD IT DOES NOT END UNTIL ABOUT MIDNIGHT DURING THE ~EEK AND ON ~EEKEND YOU COULD HEAR NOISE SOMETIMES ALL NIGHT. ,OUR NEIGHBORHOOD HAVE OTHER BUSINESSES SUCH AS DAY CAR£SCHOOL AND CHURCH AND AGA.~,~.i DONT FORGET THE WAREHOUSE WE'VE BE,~RED OUR BURDEN FOR OTHER ITEMS OTHER THAN SINGLE FAMILY ,~THINK OF THE NUMBER OF STRANGERS THAT WOULD COVE INTO 0~ NEISHBORHOOD BOTH GOOD AND BAD - MEMBERS AND NONMEMBERS (' THE GOOD £OME TO CHURCH TO WORSHIP A,~ Tu,£ ~0 FOLLOW TO SEE W~T THEY CAN GET FROM THE CHURCH FOLKS OR HOfdEOWNERS. ,WHO WILL BE RESPONSIBLE FOR THE ADDED SECURITY TO OUR HOMES AND THE CHURCH AFl-ER HOURS. ~HEN THERE iS ,~ PROBLEM AT THE CHURCH ,~FTER HOURS ~tlLL THE HOME OWN~IERS BE PUSHED TO BE OUR BROTHERS KEEPER. ,THE CHURCH AND OTHERS CONCERNED ASSUMED WE AS A NEIGHBORHOOD ~OULD WELCOME A CHURCH ~'ITH OPEN ARMS BUT THEY FAILED TO ASK HO~' ~E FEL T ABOUT IT OR ~IEATHER ~'E HAD ANY MAJOR CONCERNS THEY JUST CAME TO THE CITY AND ~lD THIS iS WHAT ~tE ~t,~NT AND OUR PROBLE~ STILL HAVE NOT BEEN ADDRESSED. ,THUS WE ASK THAT YOU PLEASE REVIEW ALL OF OUR MATER~L$ TURNED tN TODAY OR BY MEETINC~ DATE BEFORE YOU MAKE A DECISION ?ET! T%011 ~E THE HOHED~HERS AHB HEHBERS OF THE CARUER PARK HOHED~HERS flSSOC]flT]OH RRE S]GH]HG THIS P£T]T]OH TO OPPOSE THE COHDZT]OHflL USE PLAH OF THE EHI,IltHUflL EUflI',IGEL]C~L LUTHERH CHURCH PET! &~IE THE HOI'IEOIdlHERS AHB I"IEHBERS OF THE CI'tRI, JER P~Rtl HOHEO~HERS flSSOC].RT]OH tIRE S'IGH]HG TH'IS PET'IT]OH TO OPPOSE THE COHI)TTIOHRL USE PLliH OF THE EI'II'IRHURL EIjIt:IHGEL'[CRL LUTHERH CHURCH PET! TION WE THE HONEDWHERS ~HI) NE~ERS OF THE CflR~ER P~RK HOHEO~ERS flSSOC]flT]OH fiRE S]GH]~ THIS PETIt]OH TO OPPOSE THE COHDXTXOHflL USE PL~H OF THE E~fl~flL EUfl~EL]CflL LUTHERH CHURCH ?E T! T!ON W£ THE HDHEDWH£RS AHB HE~ERS DF THE CfRUER PAR~ HDMED~HERS fSSUC]flT]UH fiRE S]GH]HG TR]S PET]T]BH TO QPPOSE THE COHDXTIOHflL USE PLRH OF THE £HI,IflHUflL EUflHGEL]CRL LUTHERH CHURCH PET! TiOlf HE THE HOHEOI~HERS Al,lB HEHBERS OF THE CI~RUER P~RX HOHEOWXERS RSSOCiRTiOH fiRE SiGH:[HG THiS PETiT]OH TO OPPOSE THE COHI)iTiOHRL USE PLRH OF THE EHI'IflHUflL EVflHGELTCflL LUTHERH CHURCH PE T.r T I OlY ~/E THE HOXEOI/HERS AHI) XEXBERS OF TXE CARUER PARX HOI'IEOI/HERS ASSOCIATIOX ARE SIGX]I, IG THIS PET]T]OX TO OPPOSE THE COXOITIOXA/ USE PlAn OF THE EI~I, IAHUAL EUAHGELICAI LUTHERX CHURCH PET] T~DN ~E THE HONEO~HERS ~HI) NEI~BERS OF THE CARUER PARK HONEO~HERS flSSOC1RTIQH fiRE SIGHIHG THIS PETITION TO OPPOSE THE COHDITIOHRL USE PLRH OF THE £HHttHURL EURHGELICRL LUTHERH CHURCH ATTACHED ARE COPIES OF THE CHURCH EVALUTiON FOR BOTH PHASES IFA CHURCH IS BUIL TIT HAS THE ABIUTY TO GROIV- STARTIN~ OUT IV/TH ~SO MEMBERS t~.L AND C~ INCREASE TO A T LEAS T ffdd MEMBERS BY YE~ 2fidff THE PROPOSAL DOES NOT SHO~ A GROVTH FACTOR TO INCLUDE SUCH ~ FIGURE OR 0~ TH~ T EYEN CL OS~ THEY HA ~'E NO T BEEN REAUS TIC IVITH THESE FIGURES March 13, 1997 Ms. Diane Dominguez, Planning Director CITY OF DELRAY BEACH 100 N.W. 1st Avenue Delray Beach, FL 33~d~, RE: EMMANUEL EVANGELICAL LUTHERAN CHURCH - S.W. 6th St @ S.W. 17th Ave. SAI Project No. 97121.900 Dear Ms. Dominguez: This office has been retained to evaluate the traffic impact associated with the above proposed project. The proposed project site is presently vacant. The proposed development is to function as a chumh and is to be developed in two (2) phases; the first phase entails approximately 5,985 square feet of building ama and the second phase calls for the construction of 2,085 square feet of additional building area; the total proposed building area at buildout will be 8,070 square feet. Average daily vehicle tdp generation for this facility has been determined in order to establish compliance with the Palm Beach County Traffic Performance Standards. Tdp generation information from the I.T.E. Tdp Generation Manual, 5th Edition, was utilized in the preparation of this report. Based upon I.T.E. data, for the applicable land use, anticipated average daily weekday tdp generation has been determined as follows: Chumh - trip generation rate 9.32 tdps/1,000 S.F. Phase I - 5,985 S.F. ADT -- 6.0 x 9.32 = 56 Phase II - 2,085 S.F. ADT = 2.1 x 9.32 = 20 ..... ~.... Total Proposed Daily Tdps = 76 ADT land planning · engineering · surveying 101 S.E. 6th Avenue · Delray Beach, Florida 33483 · (561) 276-7300 · FAX (561) 276-7344 Ms. Diane Dominguez March 13, 1997 Page Two It is our professional opinion that the proposed facility represents an anticipated net addition in average weekday traffic of 76 trips at full buildout. This represents less than the 200 daily trip threshold net increase which would warrant a more detailed traffic impact analysis; and thus satisfies the requirements of the Palm Beach County Traffic Performance Standards. Should you have any questions regarding this information please do not hesitate to contact this office. Sincerely, cc: Roy Simon, AIA Robert Miller PLEA SE NO TE THAT ON THEIR 0 IYN OIS CRIP T/ON PROPOSED THE CHURCH HAS TN"O PHASES. INCL UDII{IG: KITCHEN. OFF/CE RESE TROOMS . SEA TING FORABOUT280. CHOIR SAND Al../. ITEMS PROMOTES GROVTH VHA T ABOUT SECURITY. SAFTY" PARKING ONE VA Y/AIAND OUT pART THREE - DESCRIPTION OF PROPOSED USE State the use as referenced in the LDRs, noting the specific LDR Section. [Example: "Full Service Vehicle Repair"- LDR Section 4.4.10(D)(7)]: "CHURCHES OR PLACES OF WORSHIP" - LDR SECTION 4.4.3 (D) (1) Describe in detail the proposed use (including information such as hours of operation, seating capacity, number of employees and specific use activities as appropriate): IT IS PROPOSED TO CONSTRUCT A CHURCH AND ATTENDANT FACILITIES IN TWO PHASES, THE FIRST PHASE BEING THE CHURCH. THE CHURCH IS TO CONTAIN A NARTHEX, SERVING KITCHEN, OFFICESr RESTROOMSt A NAVE SEATING 252, R~ISED CHANCEl'. AREA AND CHOIR ROBING/REHEARSAL AREA. IT IS PROPOSED TO PROVIDE PAVED PARKING FOR 54 CARS AND STABILIZED SOD PARKING FOR 31 CARS, A TOTAL OF 85 CARS. OFFICE WILL BE USED DURING THE WEEK 6-8 HOURS PER DAY WITH 3-4 EMPLOYEES. CHURCH WILL BE USED PRIMARILY ON SUNDAYS FOR 6-10 HOURS AND OCCASIONALLY ON WEEK NIGHTS FOR SPECIAL WORSHIP SERVICES AND CHURCh{ MEETINGS. ''~ ? ! PART 'i'WO - PROPERTY INFORMATION: Property ControlNumber: 12 43 46 19 oo 000 1090 legal Description (attach separate sheet if necessary): [~' The East 1/2 of the Northeast 114 of the Northeast of the Northeast 1/4 lying East of Interstate 95~ less the South 25 foot road right-of-way, Section 19~ Township 46 South, RanKe 43 East, Palm Beach County, Florida. (Or as listed more specifically on the attached survey dated 02/11/97.) Zoning District: R-1-A Future Land Use Map Designation: Church facility and parking lot. Size of Property: 7 2,2 8 5.3 7 sq.ff. 1.6 5 acres 106.7' avg (143'/70.4')width 675' +/- depth "~ 35 ' diaqonal frontage ( faces intersection of 2 streets) Existing Use of Property:. Vacant / -3- NOTE- I~E VE ATTACHED ~ COPY OF A SURVEY ~NO SUM/vI~1RY FROM THE POLICE DEPAR T~EN T ON/NC/DEN TS AND THE SUMMARY AND DA TE OF SUC~ NOTE THE GROI~'THIN ALL AREA FROM lSgl TO CURRENT AGGRAVATED ASSAULT SUMMARY by GRID GRID 1991 1992 1993 1994 1995 TOTAL 6.10 '3 1: 0 0 0[ 4 0.8 FALSE ., 620 0 0; 0 1 1 [ 2 0.4 TRUE ,., 630 0 O 0 I 0; 1 0.2 FALSE 640 0 0, 0 I 0; 1 0.2 FALSE 650 0 I 0 0 01 I 0.2 FALSE 660 ';I 0, 0 1 I 3 0.6 TRUE =, 670 0 0' 0 0 1' 1 0.2 TRUE 671 '0 " 0; 0 0 0 0 0 FALSE 680 1 21 3 0 5 11 2.2 TRUE 690 25 20; 11 16 24 96 19.2 TRUE 691 .... 0 0i 0 0= 01 0 0 FALSE 700 34 21: 21 18: 30 124 24.8 TRUE 701 2 li 0 1, 3[ 7 1.4 TRUE 710 11 10 18 10 13; 68 13.6 FALSE 720 16 15, 12 15 3i 61 12.2~ 'FALSE 730 5 7, 8 4 13; 37 7.4[ "TRUE 731 0 0' 1 0 · 1 0.21 FALSE 740 10 15 11 12 9 57 11.4 FALSE 741 '1 0! 1 3 0 5 1 ! FALSE '760 5 8i 4 3 11' 31 6.2 TRUE 770 2 ~' 1; 2 I 1 7 1.4' FALSE 780 13 11; 10 30 24 88 17.6 TRUE 790 6 4; 2 5 4 21 4.2 FALSE 800 9 14 12 20 19 74 14.8 TRUE 810 5 0 0 1 4: 10 2 TRUE 820 0 2 0 3 2' 7 1.4 TRUE 830 2 01 2 0 0 4 0.8 FALSE 840 0 01 0 0 2 2 0.4 TRUE 850 6 71' 4 9 7 33 6.6 TRUE 880 4 0 0 0 1' 5 1 FALSE 870 0 0 2 I 1; 4 0.8 TRUE ... 880, I I 2 0 2 6 1.2 TRUE 890 4 6 6 2 11 29 5.8 TRUE 900 2 2 I 2 3, 10 2 TRUE 910: 0 0 0 0 0 0 0 FALSE 920 0 0 0 0 0' 0 0 FALSE 930i 0 0 "0 0 0' '0 0 FALSE BURGLARY SUMMARY by GRID GRID 1991 1992 199~ 1994 199~ TOTAL AVG. UP TREND elO 4 4 $, 8 o 1~ 3.s ~ALSE 620 12 41 2, 5 1 24; 4.8 FALSE 630 2 0 0 9 "0 , 114 2.2 FALSE " 640 S 11 t 8 3 "3 33 6.6 FALSE' ' 650 I 0 2 6 4 13 2.6 TRUE 660 4 91 6 2 2 23 4.6 FALSE 670 3 8; 1, 0 1 131 2.6 FALSE 671 4 11 0 4 3 12 2.4 TRUE 660 ' 15 1.54 "18 27 6 84 " 16.8 FALSE 690 20 9i 20, 14 9 72 14.4 FALSE "691 0 0: 0 0 0 0 0.0 FALSE 700 27 154 21: 12 22 67 19.4 TRUE " ' '?oi o " sl ,1= ~ ~ e 1.8 FALSE" 710 31 23; 20 19 12 105 21.0 FALSE 720 29 23i 31, 15 5 103 20.6 FALSE 730 5 8' 9: ~ 8 37 7.4 TRUE 731 0 04 0, '0 0 0 0.0 FALSE 740 34 6' 11' 9 29 '69 17.6 TRUE 741 1 1, 3: 7 18 30 6.0 TRUE ?so 20 43 26, le 32 14e ;e.e T~UE '760 16 25 16 14 16 87 17.4 FALSE "fTo 12 14"' ~3: e 2 4~" e.e F~d. SE 760 12 10 e 11 e .... SO 10.0 FALSE 7so 11 e, 3: s 's ~ e.e ,, 800 37 32 43 44 27 183 36.6 FALSE 810 9 8 17: 13 1 48 9.8 "FALSE e20 e e, 14 12 8 '~e "e2 e=o 2o =, e: 'a 44 SO ~o.o TRu£ 840 0 4 6: 4 3 17 3.4 FALSE 8S0 32 26 " 45, 25 16 '144 28,6 FALSE 860 11 5 S: 10 13 44 '~.8 TRUE 870 7" 5' 6 S S 31 62 'FALSE 880 4" 7 8; 7 S 31 62 F~ ' 890 16 17 '12 1'5 8 68 13'.el FALSE 900 7 9 9' 11 6 42 8A FALSE 910 0 O .....04 0 0 0 0.01 FALSE 920 0 1 4' 3 0 8 1.6 FALSE 930 0 I 1: 0 0 2 0.41 FALSE LARCENY SUMMARY by GRID GR.[]) 1991 1992 19~)3 1994 1995 TOTAL, AVG. I~ 1'R]C~ '610 10 8 7 2 3 30 6.0; FALSE 620 12 4 '7 6 8 37 7.4 TRUE 630 6 I 3 I 2 13 2.6 FALSE 640 13 8 14 6 6 47 9.4 FALSE 650 5 '13 13 16 il '" 58 11.6 FALSE " 660 2 14 6 10 '6 38 7.0 FALSE 670 6 8 0 5 4 32 6.4 FALSE 671 2 4 O 1. 6 13 2.6 TRUE 680 26 " '24 26 28 ' '16 120 24.0 FALSE 690 39 ' ' 38 41 0 36 ' 154 30.8 TRUE 691 0 0 0 31 0 31 6.2 FALSE 700 49 44 52 38 46 229 45.8 TRUE 701 3 10 15 6 1 3,5 7.0 FAJ.SE 710 41 37 56 38 43 217 43.4 FALSE ~20 49 53 48 46 57 253 50.6 TRUE 731 I 0 0 0 0 1 0.2 FALSE 740 10 24 31 40 46 160 32.0 TRUE 741 I 4 ,4g'g 7, , 16 37 7.4 TRUE,. 750 50 58 33 46 237 47.4 FALSE 760 30 32 26 35 '37 160 32.0 TRUE 770: '" 26 ' 10 22. 27 21 106 21.2 FALSE 780 32 34 32: ' 18 39 155 31.0 TRUE 7.90 10 12 142 151 18 69 13.8 TRUE 600 62 65 '" 78: 62: 56 333 66.6 FALSE 810 96 80 g2i 58 31 357 71.4 FAJ..SE 830 17 21 18 19' 19 94 18.8 TRUE 840 '~ 4 12 121 3 31 6.2 'FALSE 850 55 ~) 56: 45: 32 -- 218 43.6 FALSE 860 43 61 70 64; 68 306 61.2 TRUE 870 9 12 14 11~ 14 ' 60 12.0 TRUE 880 7 17 13 101 $ 55 JJ.0 FALSE 69o, 26 31 " 34 lS2, o.4 TRu; 900 12 6 13 14 8 53 10.6 FALSE 910: '0 0 0 O, ' ' 0 0 0.0 FALSE 920 2 ' 13 9, 2 7' 33 6.6 TRUE 930 o, $ 4 3, 4 :16 3.2 TRUE ROBBERY SUMMARY by GRID GRIn 1991 1992 1993 1994 199S TOTAL AVG. UP TRKND 610 1 1 1 0 0 3 0.6 FALSE 620 0 0 0 0 0 0 0 FALSE 630 0 0 0 0 0 0 0 FALSE 640 2 I 2 0 0 5 1 FALSE 650 1 0 0 1 0 2 0.4 FALSE 660 0 1 '0 0 0 1 0.2 FALSE 670 0 0 0 0 0 0 0 FALSE 671 0 0 0 0 0 0 0 FALSE 680 1 0 0 2 1 4 0.8 TRUE 690 3 7 3 2 2 17 3.4 FALSE 691 0 0 0 0 0 0 0 FALSE 700 7 5 3 6 6 27 5.4 TRUE 701 0 0 0 2 0 2 0.4 FALSE 710 7 0 4 3 4 18 3.6 TRUE 720 2 3 2 8 1 16 3.2 FALSE 730 4 0 0 1 2 7 1.4i TRUE 731 0 0 0 0 0 0 01 FALSE 740 4 3 1 I 0 91 1.8 FALSE 741 1 2 I 0 0 4] 0.8' FALSE 750 5 2 6 2 2 17 3.4 FALSE 760 2 1 1 1 0 5! 1 FALSE 770 1 1 0 0 0 21 0.4 FALSE 780 1 4 1 5 0 11' 2.2 FALSE 790 1 0 0 1 1 3 0.6 TRUE 800 3 4 5i 2 7 21' 4.2 TRUE 810 11 7 2 1 3 24 4.8 FALSE 820 0 50 2 3 10 2 TRUE 830 2 1 01 0 0 3 0.6 FALSE 840 0 0 1 0 0 1 0.2 FALSE 850 1 4 3 3 2 13 2.6 FALSE 860 1 1 0 0 3 5 1 TRUE 870 0 0 11 1 4 6 1.2 TRUE 880 1 0 0 1 0 2 0.4 FALSE 890 1 2 2 3 0 8 1.6 FALSE 900 0 2 3 1 0 6 1.2 FALSE 910 0 0 0 0 01 0 0 FALSE 920 0 0 0 0 1 1 0.2 TRUE 930 0 1 0 0 0! I 0.2 FALSE SE, XUAL ASSAULT S~Y by GRID l~_~r n 1991 1992 1993 1994 1995 TOTAL AVG. UP TREND 610 0 0: 0 0 0 0 0 FALSE 620 0 0 0 0 0 0 0 FALSE 630 0 01 0 0 0 0 0 FALSE 640 1 0 0 1 0 2 0.4 FALSE 650 0 0 0 0' 0 0 0 FALSE 660 0 0 I 0 0 1 0.2 FALSE 670 0 0 0 0 0 0 0 FALSE 671 0 0 0 0 0 0 0 FALSE 680 1 1 0 0 02 0.4 FALSE 690 I 0 0 1 0 2 0.4 FALSE 691 0 0 0 0 0 0 0 FALSE 700 0 0 1 0 2 3 0.6 TRUE 701 0 1 0 0 0 1 0.2 FALSE 710 0 3 2 0: 1 6 1.2 FALSE 720 0 1 I I 0 3 0.6 FALSE 730 1 0 0 0 0 1 0.2 FALSE 731 0 0 0 0 0 0 0 FALSE 740 2 1 0 2 1 6 1.2 FALSE 741 0 1 1 0 0 2 0.4 FALSE 750 3 1 2 2 0 8 1.6 FALSE 760 2 0 0 I 1, 4 0.8 TRUE 770 0 ' 0 1 0 1 2 0.4 TRUE 780 1 2 2 5 1 i 11 2.2 FALSE 790 1 2 0 2 1 6 1.2 FALSE 800 0 0 1 01 3' 4 0.8 TRUE o o o o oI o o 820 0 0 0 0 0 0 0 FALSE 830 0 0 0 0 0i 0 0 FALSE 640 0 0 0 0 0 0 0 FALSE 850 0 1 2 0! 1, 4 0.8 TRUE 860 0 0 0 O, O: 0 0 FALSE 870 0 0 0 0' 1' 1 0.2 TRUE 880 0 0 0 0 0 0 0 FALSE 890 1 0 1 0 1' 3 0.6 TRUE 900 0 1 I O: I 3 0.6 TRUE 910 0 0 0 0 0 0 0 FALSE 920 0 0 0 0i 0 0 0 FALSE" 930 0 0 0 0 0 0 0 FALSE VEmCULAR TI~Fr SUMMARY by GI~ID GRID 1991 1992 1993 1994 199~ TOTAL AVG. UP Tl~ 610 1 0, 0 2 0 3i 0.6 FALSE 6201 0 0 1 2 0 31 0.6 FAI.~E 630 I 11 0 ~ 0 5 I F)~SE 6401 2 4 10 $ I 20 4! FALSE 650 6 '2; 3 7 15 331 6.6i TRUE '660 2 ' '51 1 3 3 14i 2.8 TRUE ~670 0 0 I 0 0' 1' 0.2 FALSE 671 I 0 0 0 $ 6: 1.2' "'~RUE 6~0 4 ' $ "(~ 3 4 ~4 2.e TRUE ' '690 ~ ?~ 2 ' ' 4 ~ 2e s.e: TRUE 691 '0 01 0 0 0 0 0 FALSE 700 7 5 2 9 14 37 7.4 '" ~RUE 701 " 1 0 0 1 0 2 0.4 FALSE 710 3 7 I 4 15, 30 6 TRUE 720 6 3 7 I 6 23 4.6 TRuE 730 3 I 1 2 6 13' 2.6 TRUE 731 0 0 0 0 · · 0 FALSE 740 6 6 6 5 18i 41 i 8.2 TRUE '~ 74'~ 0 0 2, 0 51 71 1.4 TRUE 750 6 10 6 9 26 57 11.4 TRUE , ,. 760 ' 2 ~ 4 4 4 8, 22 4.4 TRUE " 770 3 3 I 2 31 12 2.4, TRUE 780 10 2 8 8 9 37 7.4 TRUE 790 2 3 0 I 61 12 2.4 TRUE 800 6 11 14 10 17i 58 11.6 TRUE 610 4, I 4 4 4! 17 3.4 TRUE 820 ' 3' 2 . 3 5 2; 15 3 FALSE 830 1' 0 2 2 1 6 1.2 FALSE 840 0' 2 5 3 31 13 2.6 TRUE 850 '7 2 1 10 15i '36 7 TRUE 860 ' '01' 1 5 2 4! 12 2.4 TRUE 870 2; 1 1 2 11 7 1.4 FALSE 880 4; 1 2 3 2 12 2.4 FALSE 890 2 ~ 0 3 14 22 4.4 TRUE 900' 3 3 0 I 4 11 2.2 TRUE ~10i 0 0 O 0 0 0 0 FALSE 920 0 2 2: 3 2 9 1.8 TRUE 930 0 2 1' 0 '~' 5 I TRUE 0~/2~/?7 i3:30:10 IHCI~E]4f NIALYSI$ IT ~TI~ ~E i ~ ~I~ ~CEI~ ~ ~ ~ ~ ~I~ ~ ~/07/0i i4:~ 4i7 i~ ~ ~ ~ ~IC ~T~Y ~0 i4:~ 14:~ ~7~ ~/07/M 2:~ i42i 4 ~ ~ ~ ~IC ~T~TRT 00~0 2:~ 2:~ ~26~4 ~/0~ 5:Ii 4i7 9~74 ~/09/i7 i2:i9 3i3 i5 ~ ~ ~ ~IC ~T~T~ 00~0 12:i9 12:19 Class Tot4 is C~T ~i76~ ~/06/~ t3:43 0 ~183~2 ~/06114 i9:i5 i402 3 ~T ~ M ~Vl~ ~T ~ i9:i5 i9:15 9~7 ~/10~4 2i:~ 3i3 15 ~ ~ ~ ~{V4~ ~T ~0 2i:~ 2i:52 ~3~ ~/i2/~ i2:~ 402 15 AV ~ ~ ~AVA~ ~T 00~0 i2:~ i2:~ Tota is ~5/04/i2 14:23 5ii i5 ~V ~ 08 ~B ~V~ ~Y ~0 ~-~ ~10/23 22:09 i4~ 3 ~ ~ ~ ~VA~ ~ ~0 CLass TotaLs ~ 9~11/i2 1{:~ 3t7 Ciiss TotaLs ~i~ ~/~/~ i7:43 ~ i5 ~ ~ ~ AT~ ~ ~ ~ ~ 17:43 i7:43 ~-i7~ ~/~ 5:02 ~ i5 ~ ~ ~ ~ ~ ~ ~0 ~:~ 5:02 ~i~ ~ 3:~ i~l 4 Ct~s Tota ~s ~-i4~ ~/~i3 22:42 4i0 t3 ~V ~ 08 A~ ~T (~AT) 00~ 2i:~ 2i:~ ~t581~ ~4 20:~ i4i2 ~ ~ ~ Q8 ~T (~T) 00~ 20:06 20:06 ~l ~iO/i2 i9:i2 3i3 i5 ~ ~ ~ ~T (~AT) ~0 i{:12 i9:i2 C~ ~i70~ ~/04 17:i5 4i4 04/22/97 i3:30:i0 IEIKN~ NI~YSIS DY LOCATIOI~ PAGE 3 ~$E ~I~ TI~E ~ ~I~ ~T ~ ~ ~ ~ TI~ ~ TX~ ~ ~07/i9 20:~ ~ i4 ~V ~ ~ ~ ~C ~ ~:~ 20:~ ~ ~07~ 9:~ ~ i~ ~ ~ ~ ~IC ~0 9:~ 9:~ ~ ~/~i7 i9:~ ~ J4~ AV ~ ~ ~ ~ i9:~ ~9:~ ~ ~ i3:~ 313 i~ ~ ~ ~ ~IC ~ i3:~ 13:~ : ~ ~ 6:~ ~ i4 IV ~ ~ ~ ~ 6 ~ 6:~ ~ 42 ~i2 ~03~ ~:i4 414 CLots Totitt ~i~ ~ i7:~ i~ 3 Cilss Totiis ~ ~0~i8 8:5i i~ 4 ~ ~ ~ ~ ~ ~ ~0 8:~ 8:51 ~t~ ~13 iT:~ 0 i~ ~ ~ ~ F~ ~ ~ ~ IT:~ 17:~ Ciils Totils ~ ~i~ 9:~ ~ 14 ~V ~ ~ ~ ~ ~ 9:~ 9:~ Class Totals Cllss TotaLs Ciiss ToLd Is ~7 CLiss Toti ts Class TotaLs C~ss Tot6 ts ~4 04/22~9T i3:30:f0 ~JICXB~fT AI~.YSXB BY ~TX~ Class Totals ~loss TO{d Is C~ i Class Totsls CLass Tote LB CO~ 2 Ciiss Totois ~0~ 3 END OF REPORT iii 04/22/Y7 t3:38:FI Part Onff CrlI4 by grid ~ C~se C~sE ~t. ~ription ~c~. Fr~ To Yelr N/~ ClaSS k~ TIM TiM C~se C~se D~t. ~riptlou Occur, FFOO To I~port ~op Ref.t 6freer Sir. Btreet ibm 5tr. ~t Lilt YooT ~ C~fls bte TIM TI~ ~te NWr Olr, Self. Nit. ; 96 il~ ~ ~L ~l~ ~ T:~ B:~ 4/M~6 0~0 416 ~ 14~ AV ~ ~i6 ~ CIVIL ~Z~ ~ iT:AT 18:~ ~4~ 3i3 ~ ~ ~ ~ ~13 ~ ~L ~I~ ~ i?:~ i?:~ ~ 313 ~ i~ ~ 96 16t~ ~ CI~L ~I~ ~ L9:S it:~ ~i~6 i4~ ~ ~ ST -~ ~ ~7 ~ ~-~ ~ 0:~ 0:~ ~ ~ ~ 14~ AY 97 ~ ~2 ~I~~ i~ 16:41 ll:4i t[~ 418 ~ t~ AV ~ ~ 4~ ~2 D~-~ ~? 1~:~ 1~:~ 2/~ 4t0 ~ l~ ~v I 96 ~ ~ I~~ t0~ 3:M 3:~ 10~6 417 ~ 1~ AV j 96 M ~ ~I~~ ~ ~:M ~:~ ~4~6 417 ~ 1~ ~ 96 ~1~ ~ ~ T~ 16~ 16:~ ?~6 ~ ~ 1~ ~ 96 ~ ~ ~ ~ ~6 11:~ 9:~ ~6 314 ~ 14~ RV 96 6~ ~ ~~ ~ ~:10 13:10 ~6 ~ ~ iS ~ ~ 96 l~ ~ ~ ~ ~17~ i?:N tT:N ~17~6 413 ~ t5 ~ 96 ~io M ~x~ ~l~ ~19~ i~ 18:~ ~i9~6 ~ ~ 14 AY { ~ i~7 ~9 ~ ~X~ ~ 9:ff 9:ff 3~ t4t6 ~ ~ ~ 96 i~ ~ ~.~. ~ 4/1~6 ~9:~ 4/10~6 l~i ~ 6m ST 96 iO~ ~ ~~ ~6 ~:~ ~:~ ~6 ~ ~ IS ~ 96 ~ 7~ ~CZ~ ~1~ ~6 1:~ I:~ 10~6 410 ~ i~ ~V ~6 ~ 7~ ~IC~ ~ ~t t9:~ t9:~ ~ 4i0 ~ 1~ ~ 96 ~ilO 7~ ~i6l~ ~ ~ ~:~ ~:~ ~6 i~ ~ 6~ ~ (~/22/9~ t3:38:44 PIrt Oto cra# by Grid Cato ~ ~t. ~rlption ~c~. Frm T. ~t ~p Ref.l Strut Str. Strut Y,r ~ Class k~ TiM Tim ~tE ~ ~ir. S~ff. Nto. 96 ~ ~4 ~ ~ ~ ~ ~ 9/1~6 ~:B i0:~ 9/1~6 ~0 3t0 96 iO~ ~ ~ II~ ~ i:~ 7:~ ~6 ~t4 96 ~ J ~ Jl~ J t:~ 16:M ~ 318 96 9i~ 810 ~ T~ ~ ~ ~l~ ~:N tT:~ ~l~ 14i2 96 ~ Bio ~ T~ ~ ~ lt/t~ i9~ 1:~ ii~i 313 96 ~ BiO ~ T~ ~ ~ i~ ~:M it:M ti~L 410 96 ~4 W ~ ~ ~S~ ~:W ~6 4XO 96 ~ W ~ ~ ~0/~ IWi~ ~ ~6 ~ ~2 ~ ~ tO~6 6:~ e:~ i~6 3i8 ~ S4W ~V 96 ~ 8il ~ ~ fl~6 1~6 ~2 96 ~ BiB ~.~~ iO~ 2:~ 2:~ tW6 ~' ~ i4~ AV 96 414~ ~ ~~ (~l) ~ ~6 7:~ 7:~ ~ ~ 96 ~ ~ ~ ~ fl~ tL:~ ~:~ ~ ~4~ 96 ~ ~ ~XK l/X~6 ~:~ ~:~ ~6 ~ 96 ~ ~ ~4~ ~ ~ ~0~6 2:~ 2:Q ~ 4~8 04/22/?7 X3:38:44 Par! One Crioe by Grid ~se C~se ~t~t. ~ri~i~ ~. Frm TO ~t ~P ~f,t StrNt Str. ~trNt ~M Str. ~t ~t ~ Ylar fl.d~ CLisl k~ TIM TiM ~ate NM lit. Sift, NiL 96 i~ 9t6 ~STW 0~ ~ ~ ~6 tt:B l:fl 4/07~6 ~ ~ ~ 96 ~ ~9 ~I~ ~ 9~ 17:~ S:~ iO/~ ~ ~ 14 96 ~6 ~ ~l~ T~ M 3:~ 3:~ ~ ~ ~ i~ · ii EffJ OF REPORT iii COPIES OF AEIMINIS TRA TIYE SER¥1CE TRAFFIC DIVISION YEHICLE COUNT AND SPEED SUMMARY NOTE T~S VAS ~ Y FOR TVO DA YS A~ T~ CHURCH ~L CA~ OUR A~TS TO WCREASE ~RE T~S SUR~8 VAS TA~ ON A TU~S A~ VED. T~ SLO~ST DA YS Of ~ ~ FOR OUR ~EIGHBORHO0O ADMINISTRATIVE SERVICE TRAFFIC DWISION VEHICLE COUNT/SPEED SUMMARY Northbound Southbound Eastbound 25 24.93 421 1408 SW 3rd St. 9/9/96 9110/96 Westbound 25 24.93 412 1408 SW 3rd St. 9/9/96 i110/96 Northbound Southbound Eastbound Westbound Northbound 25 31.19 487 225 SW 15th Ave. 9/9196 9110/96 !Southbound 25 31.19 474 225 SW 15th Ave. 9/9196 9/10/96 Eastbound Westbound Sw 15th Ave Between 3nj St Northbound 25 24 565 & 3rd Ct 08109196 9110/96 Sw 15th Ave Between 3rd St Southbound 25 24 565 & 3rd Ct 09/09196 9110/96 Eastbound Westbound Northbound Southbound Eastbound Westbound Comment Th~- v~lume and speed ~tudy incltcates the changing of the Itop signs il not wan'anted. The highest 85%ile speed ti 31.1 graph. The Truffle countl indicate the maximum vehlculm' count wes 1130 w~th 8.14% of that tralflc exceeding the posted speed limit. Recommendations: This ~ indicates speed enforcement is needed in this are~. A copy of this report and recommen~ationl wal be forwarded to the police Department 14TH AVE. II ~ I I I II I Posted 2$mph Speed Zone 09-11-1996 Volume by Spead b~ I~ana Re~ - DOgOgOO1.P~ Q6:QG ~ 6 Sta: 000000000001 I~: 000000001049 Cid: 01 ~C: 200 InC: 60 N~n. 8C~: Hon - Sap 09~ ~996 aC L3:00 ~nd: ~e - Sap ~0~ 19~6 lC ~3:00 C~t~/T~: Del~7 Beach CourT: V~lm Be~ch ~l-~aoc ~2-West .................................................................................................................................... Station Data Summar~ Speed ->1S ->20 ->25 ->30 ->35 ->40 ->45 Total Grand Totale 193 240 280 56 4 4 56 833 Percentages 23.17 28.81 33.61 6.72 0.48 0.48 6.72 Lane i 2 Total Grand Totale 421 412 833 Percon~ages 50.54 49.46 Speed Summa~/ To,al Av~ spd 15%ile 50%ile 85%ile >55 %>55 >60 %>60 >6S %>65 833 19.88 10.06 19.73 24.93 0 0.0 0 0.0 0 0.0 Am/Pm Peak Hour Totale Speed ->1S ->20 ->25 ->30 ->35 ->40 °>45 To,al Am Hour 8-9 8 18 15 6 0 I 2 50 Percenuages 4.1S 7.S0 5.36 10.71 0.00 25.00 3.57 6.00 P~ :~our 19-20 20 22 24 2 2 0 6 76 PercenCagee 10.36 9.17 8.57 3.57 50.00 0.00 10.71 9.12 ~: O0000000000X [d: O000000010A9 CXd: OX ~: 200 ~n~: 60 Min. ~: Non - Sep 09, 1~96 aC 13:00 ~d: ~e - 8ep 10, 1996 a~ 13:00 CiCy/T~: Del~y Bea~ ~y: Palm Beach Marion: 1408 SH 3~ St. Pi~e: D0909001.P~ Pe~en~age~ 18. ~8 32.93 32.13 8.03 O. O0 1.20 6.83 ................................................. . .................................... .-- ............................................. ANOTHER AREA OF CONCERN IS THAT OF FIRE- IN THE A T TA CH COPIES THE CI T Y HA $ THE SA life CONCERNS BUT THERE ARE A FEk/ 0 THER THAT THEY DID NO T ADDRESS 'AGE OF NEIGHBORS 'THE HEAL TH OF NEIGHBORS "k/HA T HAPPENS IF SOI~ETHIIVG HAPPEN AFTER HOURS · ITALSO k/ORTHY OFIt~EIVTION THAT THE CHURCHFEEL THAT THERE k/ILL BE A GROk/TH PROBLEI~ BECAUSE THEY HA FE HAD MRS. CHAR£ O TT DURANTE TO APPROACH NIR. k/ARE ABOUT TRYING TO BUY HIS PROPERTY. 'BECAUSE IT S ONE k/A Y IN AND ONE k/A Y OUT k/ILL FIRE HYDRANT BE ENOUGH "k/HA T ABOUT STACKING THE DIS TANCE SHOULD BE28 FEET HOk/ DID THE CHURCH CORREC T THEIR Alt,fOUNT OF ONLY E FEET. -NOTE ON THIS REPORT k/ITH PEk/ SPACE THAT THE CHURCH k/ILL START k/I TH ABOUT 288 MEIVISERS INCLUDING CHIOR. - ALL CHURCH HA YE CHIORS SO CAN THEY TRULY USE THE FIGURE 2E2. ?? '" NO TE THE SAME k/OULD BE FOR PARKING SPACES. THEY HA YE NO T INCLUDED ANY VISITORS!#N 'CONSIDER THE CLA SSRO01~S- · CONSIDER THEEXITS BOTH TO STREET ANO CHURCH To: Mr. Albert L. Miller Re: Emmanuel Evangelical Lutheran Church of Delray Beach (Conditional Use & Sketch Plan) -Project Transmittal Letter Page 2 Revised plans addressing the above and attached comments are not necessary for the Conditional Use request to be acted upon by the Planning and Zoning Board and the City Commission. If the Conditional Use is approved, the next course of action will be to submit an application for a site plan modification along with revised plans addressing the above and attached comments. If you will be seeking relief to any of the code requirements, you need to provide a wdtten statement regarding the basis for the request. Additional. Information The Conditional Use request is to establish a church with a seating capacity of 252 persons. However, in reviewing the floor plan which accompanied the conditional use submittal, staff calculated the seating capacity of the pew area to be 280 persons. Further, the choir seating area has not been delineated on the plans and will accommodate additional seats. Thus, the seating capacity of the ._ church will be 280, which requires 94 parking spaces. In order to accommodate additional parking spaces, the north parking area should be revised to eliminate the dead-end bays (see attached Exhibit B). Provide documentation which clarifies the Church's intent. If the intent is to provide 252 seats, revise the floor plan accordingly. This information must be submitted by April 16th, in order for your request to be acted upon by the Planning and Zoning Board at its meeting on April 28. 1997. Otherwise, your item may need to be postponed to the subsequent meeting of the Board which is May 19, 1997. Should you have questions which pertain to specific items, feel free to directly contact the department which made the comment. If you would like to review any of the above and/or attached with. me, contact me at 243-7040. J~/A. Costello geni~'r Planner c: Project File #97-107 iT¥ OF DELRR¥ BEg[H ' D£LRAY ~EACH April/tli.AmericaCity 8, 1997 ~ oo U.W. 1 st AVENUE · DELRAY BEACH, FLORIDA 33444 - 407/243-7000 ,:~ Mr. A}bert k. Mi}let 714 Rider Road 1993 Boynton Beach, FI.. 33435 Re: Emmanuel Evangelical Lutheran Church of Delray Beach (Conditional Use & Sketch Plan) - Project Transmittal Letter Dear Mr. Miller: The following information is provided to you as designated agent for this project. Your submittal of has been reviewed for technical compliance. Attached is a copy of comments from each department which has reviewed the submission. General Assessment While the Conditional Use submittal is adequate for review, we have identified some items which will require revisions to the sketch/site plan. These items include the following: 1. At the west end of the south parking area, the parking lots must be connected to provide better traffic circulation and access for waste service vehicles (see attached Exhibit A). 2. The north parking area should be revised to eliminate the dead-end parking bays (see attached Exhibit B). 3. Pursuant to the Flodda Accessibility Code for Building Construction, parking lots containing 76 to 100 parking spaces must provide four handicapped accessible parking spaces. The proposed 85-space parking lot only provides 3 handicapped accessible spaces. 4. Pursuant to LDR Section 4.6.9(D)(3)(e), a stacking distance of 20 feet is required on S.W. 6th Street and only 5 feet has been provided. As the property is located at the end of a roadway on a cul-de-sac, with no other access taken from adjacent properties it seems appropriate to reduce the stacking distance. THE EFFORT ALWAYS MATTERS TO: TAC MEMBERS RE: EMMANUEL EVANGELICAL LUTHERAN CHURCH OF DELRAY BEACH - CONDITIONAL USE REQUEST DATE: APRIL 3, 1997 1. Pursuant to the Standard Building Code, where pews are utilized for seating, seating capacity is calculated by dividing the length of the pew by 18" (seat width). Utilizing the submitted floor plan, staff calculated the seating capacity of the pew area to be 280 person and not 252 shown on the plans. Further, the choir seating area has not been delineated on the plans. Thus, the seating capacity of the church will exceed the 252 indicated and will require at least 94 parking spaces. If the intent is to provide 280 seats, the conditional use request and the floor plan must be. revised accordingly. 2. In order to accommodate additional parking spaces, the north parking area should be revised to eliminate the dead-end bays (see attached Exhibit B). 3. Pursuant to LDR Section 4.6.16(H)(3)(e), one tree must be planted every 25' on center along with a hedge along the east property line. As the chumh faces the rear yards of the existing residents to the east it is appropriate that a 6' high opaque wood fence be installed along the east side of the property from the north .property line of Lot 6, Block 1, Carver Park, to the south property line. 4. The plans reference a monument sign which includes a 26' high cross. The proposed sign will require approval of a waiver by the City Commission. This item will be addressed at the time of a sign permit submittal. 5. Pursuant to the Flodda Accessibility Code for Building Construction, parking lots containing 76 to 100 parking spaces must provide four handicapped accessible parking spaces. The proposed 85-space parking lot only provides 3 handicapped accessible spaces. To: TAC Members .. Re: Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Request Page 2 6. At the west end of the south parking area, the parking lots must be connected to provide better traffic circulation and access for waste service vehicles (see attached Exhibit A). 7. Site lighting locations and fixture details must be indicated on the plans. 8. A City of Delray Beach typical parking lot striping detail must be indicated on the plans. 9. The area where the asphalt areas end and the sod parking begins must be clearly indicated on the plans. 10.Within the sod parking areas terminal landscape islands must be provided along with protective curbing at the'end of the parking rows. 11. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for S.W. 6th Street is 60 feet and 50 feet of right-of-way currently exists. Thus, this development is required to dedicate 5 feet of right-of-way. However, the right-of-way width may be reduced provided the reduction is supported by the City Engineer. This item requires a waiver and can be addressed at the time of site plan review. 12. Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along the property's frontage S.W. 6th Street. 13. Pursuant to LDR Section 4.6.9(D)(3)(e), a stacking distance of 20 feet is required on S.W. 6th Street and only 5 feet has been provided. As the property is located at the end of a roadway on a cul-de-sac, with no other access taken from adjacent properties it seems appropriate to reduce the stacking distance. · FIRE DEPARTMENT Project Review checklist Project N~me'-' 2. Location ~ 3. ~e fire flow calculations provided? Y N N/A Is adequate fire flow for the size and t~e of development & ~~ available?,t ~ ~$~>'-".. ~~~ Y N N/A 4. Are dead-end streets or cul'de-sacs included on the sit~ plan? If so are ade~ate access to buildings, turn-around radii, etc. provided? Y / N N/A 5. Fire hydrants Is 500'max. spacing provided Y N- N/A MF, 2 sto~ies or less 400' max. Y N N/A MF, 3 or more stories 300' max. Y N N/A Commercial or Industrial 300' max. ¥ N N/A Are hydrants provided on both sided of divided roadway? Y N_ N/A No obstructions within 5 ft. of hyd_rant Y__ N__ N/A 6. Will the proposed development have an adverse effect on the Fire Depa~cment's ability to provide service? : . : y N N/A Review completed '~y: . ___ii I I/1 '1//I/i d- 'l I I" I 1' ROSEbIONT NEIGHBORHOOD ASSOCIATION ZtrJtan williams, PrtsJt~tnt 513 SW 61~k street 274-0823 ^dtlaa Garland, vice President 702 sw 6th street 276-3879 ?anya wilson, secretary 606 sw 7th Avenue 265-2125 CITE OF OELRAf PLAllII[llg AW ZOli[ltg DELRAf BEACH, FLORIDA $$1titit ldllUlf EIIER CUIfCERII: tI$$UCIATIOtl OF DELRAI~ BEACH, FLORIDA DO gIUE UIIB SUPPORT TO THE £ARUER PARE liEIgllOORHOOO Asgo£IATIOIf FOR THEIR OPPO$ITIOIf OF THE PURPOSED EI~I~[tHOAL LUTUER[tIf EHUREH. AFTER #fllllltg THEIR IHFORI~TIOIt AHO THE AREA £OHEERH ~ FOIII~ THAI' t~' TO0 HAO SOHE SERIOUS PllUBLEIf~ ldlYH THE CHURCH AY THIS SITE. SOIIE OF BUR IIEASOH~ ARE AS FBLLO¥: a. THE HUt~OIIIIER$ TO THE EAST OF SITE ARE ALL ELDERLf/' iLL IIIIO RETIRED. B. IIIIAT ABOUT SECURITY FOR THE CHURCH [tHO THE OLDER I~IgHB#R$? £.lilIAT ABOIIT THE TR[tFFIE II~AET. B. UTHER IfOLTI BIIILDIIIB IH ABED. [JUST AEROS$ STREET THE BOI~$ [tHO gIRLS CLUB [tRE RELO£ATIllB) E. IdlIEtl DOES THE HEIgHBORIIOOD SLEEP. F. fIE[tOIIOUSE$ JUST TO THE SOUTH OF tiRE[t. FUTURE. H. DIE M~Y Ill Alto OUT I. P[tST AE£1DEHT$ TO THE HOI~ OF OHE OF THE HOI~E:BtIHER TIIlIT IS HO¥ OLOEil AHO il[tS IIgO 2 STROEES. THESE lIRE JUST A FEY OF OIIR £OI~EilHS [tHO FOR THESE REtlSUIB gE FEEL TIIAT gE HOULD OPPOSE SlICI! A £OHOITIUIflIL USE. LISTED #ITHIN fiRE PICTURES TAKEN IN AND PROPERTY THAT SURROUND OUR SUBDIUISION. PLEASE HOTE THE UARIOUS TYPES OF BUSIHESS'S. ALSO SHOt~! IS THE AREA JUST ONE BLOCK SOUTH OF OUR AREA BET#EEN 6TH ST AND 10TH ST. WITHIN THAT AREA THERE ARE ABOUT $6 DIFFEREHT I~IREHOUSE FRONT BUS]HESSES. OTHER ITENS OF IHTREST WITH OUR AREA ARE SHOk~! AHO LISTED BY NDHRER. (fiLL TO GIUE YOU A CLEAR UEIW OF OUR AREA, PROBLEIqS AQND COHCERNS. 1. FULL SERU]CE CENTER- CONDUCTS A UAR]TY OF DIFFERENT SERUICES 2. TO THE SOUTH JUST OHE BLOCK FROH OUR DIVISION fiND TRIERE THE CHURCH IS ASKING TO LOCATE- THE WfiREHOUSES AND A PORTION OF CfiTHERINE STRONG CENTER 3. CATHERINE STRONG CENTER AND HEW HONE OF THE GIRLS AND BOYS CLUB. 4. SI~ILL PARCILE OF LAND WtlERE WE KNDW RHAT PfiRK]NG W]LL BE CONDUCTED ~ilEN CHURCH LOT iS FILLED. 5.ROAD THAT NtIS CLOSED BY THE CITY IN 1982 AFTER 5 ACCIDENTS-ALL ENDING UP IN HR. TOBY WARE'S HONE. CARS IHCLUDED. §.HOTE THE STREET WAS HEVER CONPLETELY CLOSE BECAUSE AFTER HOURS CROOKS USE THE PfiTH TO HiDE STOLEH CARS AND OTHER THIHGS. 7.THE PROPERTY BEHIND RESIDENTS HONE.- HOTE HO# CLOSE THE CHURCH gILL BOROER THEIR HOliES. 8. S. W. 13TH AUE THE HATIOHAL CHURCH OF GOD. 9oEGUSE BAPTIST CHURCH THOUGH TO BE ABANDEHT BY THE CITY AND IT OPERfiTES EUERY DAY. -HOTE THE SIGN OF WltEH THEY CONDUCT CHURCH WE SURE THESE ARE JUST THEIR REGULfiR SERUICE DOES HOT IHCLUDE CHIOR PRACTICE OR OTHER ACTIUITIES. ( i lO.S.W. 15TH fiUE- THE HOUSE OF PRAYER. 11. THE NEXT THREE PICTURES SHOW OUR fiREA UARIOUS STREETS OUR OHLY DAY OF REST - PEACE fiND QUI[~''~ CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA In the Matter of the Modification of the Conditional Use Request for the Swap Shop by Florida Drive-In Theaters ORDER THIS CAUSE having come before the City Commission of the City of Delray Beach upon the request by Florida Drive-In Theaters for modification of the conditional use, it is thereupon ORDERED AND ADJUDGED that the modification to the conditional use request is hereby denied for the failure to make positive findings of fact with respect to Section 2.4.5(E)(5) of the City of Delray Beach Land Development Regulations, and that the approval of the modification to the conditional use request allowing the construction of a twenty-two thousand four hundred thirty-six (22,436) square foot building would not be in the public interest. DONE AND ORDERED at Delray Beach, Palm Beach County, Florida, this ~ day of July, 1997. ~ ATTEST: City clerk driveinl .lit DELRAY BEACH ~,lI-An~c~ City 1993 C R R T I F I C ~ T I O N I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached document is a true and correct copy of the Order resulting from the quasi-judicial hearing held on May 6, 1997, by the City Commission of the City of Delray Beach in the matter of the Modification of the Conditional Use Request for the Swap Shop by Florida Drive-In Theaters. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 9th day of July, 1997. Alison M~c~regc~ Harry ' City Clerk City of Delray Beach, Florida ( SEAL ) THE EFFORT ALWAYS MATTERS Gerald L. Knight, Esquire Holland & Knight LLP P.O. Box 14070 Fort Lauderdale, FL 33302-4070 Re: Public Records Request Dear Mr. Knight: As requested, attached are copies of all documents on file in the City Clerk's Office relating to the Application for Conditional Use Modification for the Delray Swap Shop. The charge for copying the material is $8.90. Please make your check payable to the City of Delray Beach and remit to this office at the time the documents are picked up. If you need any further assistance, please do not hesitate to contact me at 561/243-7050. Sincerely, Alison MacGregor Harty City Clerk AM~?m Attachments cc: Susan A. Ruby, City Attorney Law Offices , · HOLLAND & KNIGHT A Registered Limited Liability Partnership Atlanta Orlando One East Broward Boulevard Boca Raton St. Petersburg P.O. Box 14070 (ZIP 33302-4070) Fort Lauderdale Tallahassee o~-~-,ooo EECEIVEb Lakeland Washington, D.C. FAX 954-463-2030 ~ '7 Miami West Palm Beach GgRALD L. KNIGH~ May 29, 1997 CITY CLERK glraxight @blr!-w.eom VIA TELECOPY Ms. Allison MacGregor-Harty City Clerk City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: Public Records Request Dear Diane: Please provide me copies of any and all documents in the possession and control of the City of Delray Beach City Clerk's office relating to the Application for Conditional Use Modification for the Delray Swap Shop. The Application was denied by the City Commission of the City of Delray Beach at its meeting on May 6, 1997 (Item 9C). Please inform me when the documents are ready to be picked up and the copying charges. I will send a messenger to pick them up. Thank you for your cooperation. Very truly yours, HOLLANDA~K~IGHT LLP - f'GERALO~K~IdHT GLK:jb FTL1-246722 l.lf:.f,'-29-1997 16:15 HOLL~II]], ~ KIIIGHT S54461203~ F'.02 02 HOL & ~ 0~o P O. Box 14070 (ZiP ~.~70) F~ ~e~e Tail~ 9~-525-1~Fo.F~ ~uderdale.954.4~.~0 Florida ~1 [ .... RECEIVED ~la q l ~ ? ~ Jac~onvil~ ~M~ W~l~t~ Ta~ D.C. Ma~ 29, 199~ C~ CLERK e~ ~ ~ 9~~ VIA TELECOFY Ms. Allison MacGregor-Harty City Clork City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: Public Records l~.eq~est Dear Diane: Please provide me copies of any and all documents in the possession and control of ;the City of Delray Beach CiLy Clerk's office relating to the Application for Condi~ibnal Use Modification for the Delray Swap Shop. The Application was denied by the City Commission of the City of Delray Beach at its meeting on May 6, 1997 (Item 9C). Please inform me when the documents are ready to be picked up and the copying, charges. I will send a messenger to pick them up. Ths~b you for your cooperation. Very truly yours, - ~ERAL~ /KNIOHT GLK~B TOTRL F'. 02 HAY-29-199? 16:15 HOLLAilD ~ KIIIGHT 9544652030 P. 01 02 Law O~ HOLlanD & ' GHT Oreo F~ 954-46~2030 FACS E ~i~y Clerk's 0fitce Ifyo~ ~d not ~iv~ ~ of FL (954) 46~7838 ~TA~ The follo~ag f~.simile ~lely for ~eral d .L. Kni qht 954-525-1000 .. ~ ~m ~ ~der app~b~ ~w. ~ , . TOT~ NUMBER OF PAGES H the ~d~r of t~ m~ ~ not employ~ ~ ~nt ~le for MESSAGE: = ~, , , n~ Please see letter to you dated today's date. ~~e FOR THE RECORD: DATE: May 29, 1997 URGENCY: 0 SU'PER RUSH ~ I%USH o RE~LrI.e~ FAXED BY; AMOUNT: F~X ~: New C~N~: D~ve-In Theaters of Fla. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~'1 SUBJECT: AGENDA ITEM # ~ - MEETING OF MAY 6, 1997 CONDITIONAL USE MODIFICATION REQUEST/DELRAY SWAP SHOP DATE: MAY 2, 1997 This is before the Commission to consider a conditional use modification request associated with the construction of a 22,436 square foot building at the Delray Swap Shop located on the east side of North Federal Highway, approximately 500 feet north of Allen Avenue. At its meeting on April 28, 1997, the Planning and Zoning Board, after lengthy testimony both supporting and opposing the request, voted 4-3 to recommend approval of the conditional use modifica- tion request based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Conditional Use Findings) of the LDRs and the policies of the Comprehensive Plan, subject to conditions outlined in the attached materials. Recommend approval of the conditional use modification request for construction of a 22,436 square foot building at the Delray Swap Shop. TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR NG AND ZONING SUBJECT: MEETING OF MAY 6, 1997 CONSIDERATION OF A CONDITIONAL USE MODIFICATION REQUEST FOR THE DELRAY SWAP SHOP. The ~tion requested of the Oi~ Commission is that of ~r~l of ~ Oondition~l Use ~odifi~tion request for the Delmy 8w~p 8hop, within the ~O (~eneml Oommemi~l) zonin~ distriot. The subject prope~ is Io~ted on the e~st side of Moth Federal Highway, ~pproxim~tely 500 feet no~h of Allen Avenue, ~nd oont~ins 8.~8 ~ores. The development proposal inoorpomtes the following: · Oonstruotion of ~ 22,438 sq.~. oommemi~l buildin~ immediately west of the ooncession buildin~ to ~ommod~te de~ler/vendor retail st~lls in~ludin~ the followin~ uses: ne~ ~nd used memh~ndise for s~le~ ~ntiques~ ~u~tions~ of produoe ~nd nume~ items~ food sewioe~ rest~umnt~ food st~lls~ ~nd food o~s~ ~nd ente~inment. The proposed buildin~ ~ill repl~e ~n exi~tin~ outdoor vendor booth ~re~. Food sewioe within the proposed buildin~ is limited to s~le of pre-p~k~ed sn~ks ~nd produots prepared off-premises suoh ~s donuts. Food sewioe ~ill continue in its ourrent form ~t the existin~ oonoession building. Ente~inment not oontempl~ted within the new struoture but is proposed on site ~nd ~enemlly limited to o~sion~l events such ~s o~r sho~s, ~lowns, street performers, et~. ~jor ente~inment suoh ~s oon~e~s, ~imuses, ~rniwls or the like ~re not pertained in the ~O zonin~ district. Additional b~ok~round ~nd City Commission Documentation Meeting of May 6, 1997 Delray Swap Shop - Conditional Use Modification Request Page 2 analysis of the conditional use modification request is found in the attached Planing and Zoning Board Staff Report. The Planning and Zoning Board considered the request at a public hearing on April 28, 1997. Public testimony was provided opposing the conditional use request. The objections of the adjacent residents centered around concerns over increased traffic and parking demands, noise, lifter, building aesthetics, and the proposals inconsistency with the redevelopment plan for North Federal Highway. After lengthy discussion, the Board voted 4-3 (Eliopoulis, McCarthy and Carbone dissenting) to recommend to the City Commission approval of the Conditional Use modification request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. Submission of a full site plan application to be processed pursuant to Section 2.4.5(F) of the Land Development Regulations and to address the attached "Technical Items" and conditions; 2. That the property to the north indicated as parcel 504 on the Palm Beach County Property Appraiser's Map be utilized as off-site parking (as offered by the applicant) to be processed pursuant to Exhibit "D" of the Annexation and Development Agreement; 3. That personnel be provided to direct traffic, enforce parking, and direct pedestrian movements as required by Paragraph 2, Exhibit "D" of the Annexation and Development Agreement; 4. That car shows and outdoor entertainment involving music or amplifiers/speakers be prohibited; 5. That a 5' wide foundation planting consisting of hedges and trees be located adjacent to the building, or along the west side of the property as deemed appropriate by SPRAB; 6. That a fire hydrant be installed along the east side of Federal Highway, adjacent to the subject property; 7. That the proposed structure be of concrete construction with architectural detailing subject to approval by the Site Plan Review and Appearance Board (SPRAB); and, City Commission Documentation Meeting of May 6, 1997 Delray Swap Shop - Conditional Use Modification Request Page 3 8. That the metal commercial structures and booths along the south property line be removed and any associated storage be within the primary structure. By motion, approve the Conditional Use modification request for the Delray Swap Shop, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions as recommended by the Planning and Zoning Board. Attachments: · P & Z Staff Report and Documentation of April 30, 1997 · Annexation and Development Agreement · Letters of objection and support PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 28, 1997 AGENDA ITEM: IV.F. ITEM: Conditional Use Modification Associated with the Construction of a 22,436 sq.' ft. Building at the Delray Swap Shop, Located on the East Side of North Federal Highway, Approximately 500 Feet North of Allen Avenue. GENERAL DATA: Owner/Applicant ............. Drive-In Theaters of Florida d/b/a Delray Swap Shop Agent .............................. Kerns Construction, Inc. Location .......................... East side of North Federal Highway, approximately 500 feet north of Allen Avenue. Property Size .................. 6.96 Acres Future Land Use Map ..... General Commercial-Large Scale Mixed Use Overlay Current Zoning ................ GC (General Commercial) Adjacent Zoning .... North: GC East: Town of Gulf Stream OR (Outdoor Recreation) South: RM (Medium Density Residential) West: General Commercial Existing Land Use ........... Outdoor flea market with vending booths, 2 awnings, 2 building and asphalt parking areas (Delray Swap Shop). Proposed Land Use ........ Construction of a 22,436 sq.ft. building to accommodate dealer/vendor booth retail area. Water Service .................Existing on-site. Sewer Service .................Existing on-site. IV.F. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use Modification request and attendant sketch plan for the Delray Swap Shop, pursuant to Section 2.4.5(E). The subject property is located at on the east side of North Federal Highway, approximately 500 feet north of Allen Avenue. The subject property consists of three unplatted parcels of land and contains 6.96 acres. The west half of the property contains two awnings of 4,963 sq.ft. and 11,880 sq.ft.; a 2,178 sq.ft, concession building; a 5,750 sq.ft, building with a 3,249 sq.ft, awning; and a ticket booth. The east half of the property contains parking. The property was developed in 1957 as a drive-in theater. The drive-in theater continued to operate until the late 1970's at which time it was converted to a flea market. In 1988, modifications to the site were made which restricted the merchant/vendor booths to the west half of the property (west of the east wall of the concession stand), with required parking on the east. On January 11, 1994, the City Commission approved an interlocal agreement with Palm Beach County for the annexation of the North Federal Highway enclaves, including the Swap Shop. The interlocal agreement was subsequently approved by the Board of County Commissioners on March 15, 1994. Annexation of the Swap Shop was to be in accordance with an Annexation and Development Agreement, which was negotiated by the City and the property owner. On' February 8, 1994, the City Commission initiated a Small-Scale Future Land Use Map amendment and initial zoning of GC (General Commercial) for the Delray Swap Shop property. At its meeting of April 19, 1994, the City Commission approved the associated Annexation and Development Agreement. On May 17, 1994, the City Commission approved on seCOnd and final reading the Small-Scale Future Land Use Map amendment and Annexation with initial zoning of GC (General Commercial). Improvements associated with the Annexation and Development Agreement (i.e. signage to comply with code; landscape upgrades on the north, south and west property lines; landscaping along Federal Highway adjacent to off-site parking areas; and, elimination of outdoor speakers) have been completed. On August 19, 1996, a non-impacting site plan modification was approved for the installation of an awning over a 11,880 sq.ft, vending booth area. A request Planning and Z;3ning Board Staff Report Delray Swap Shop - Conditional Use Modification Page 2 (application) for Conditional Use Modification approval has been submitted to construct a 22,436 sq.ft, building associated with the Swap Shop and is now before the Board for action. The development proposal incorporates the following: El Construction of a 22,436 sq.ft, commercial building immediately west of the concession building to accommodate dealer/vendor retail stalls including the following uses: new and used merchandise for sale; antiques; auctions; sale of produce and nursery items; food service; restaurants; food stalls; and food carts; and entertainment. The proposed building will replace an existing outdoor vendor booth area. Food service within the proposed building is limited to sale of pre-packaged snacks and products prepared off-premises such as donuts. Food service will continue in its current form at the existing concession building. Entertainment is not contemplated within the new structure. Entertainment contemplated to be offered on the site is generally limited to occasional events such as car shows, clowns, street performers, etc. Major entertainment such as concerts, circuses, carnivals or the like are not permitted in the GC zoning district. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following fe~jr areas: FUTURE LAND USE MAP; The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of General Commercial and is zoned GC (General Commercial). The GC zone district is consistent with the General Commercial land use designation. LDR Section 4.4.9(D)(9) states that, within the GC zone district, flea markets, bazaars, merchandise marts, and similar retail uses are allowed as a conditional use. Pursuant to the Annexation and Development Agreement, the City agreed to accept the flea market as a conforming conditional use. Planning and Z~ning Board Staff Report Delray Swap Shop - Conditional Use Modification Page 3 The proposal also includes entertainment uses limited to car shows, clowns, street performers, etc. There will be no concerts, circuses, and/or carnivals conducted on the site. Within the GC zone district, assembly for commercial purposes e.g. concerts and live performances is not permitted [ref. LDR Sections 4.4.9(B), (C) and (D)]. Street performers, clowns, and similar activities are not specifically addressed in the code, but could possibly be considered to be an ancillary use to the flea market. The concerns related to these uses are addressed in the section regarding required findings for a conditional use (pages 5-7). CONCURRENCY; Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service exists to the site via service lateral connection to a 12" water main along the east side of N. Federal Highway. Adequate fire suppression will be provided via the installation of a fire hydrant along the east side of Federal Highway, along the property's frontage. The specific location of the hydrant will be indicated on the engineering plans to be submitted with the site plan application. Sewer service exists via a service lateral connection to an existing 10" sanitary sewer main along the east side of North Federal Highway. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. No water or sewer main extensions or upgrades will be required of this development. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Paving and drainage plans are not required for the conditional use analysis. Drainage currently sheetflows to the southeast corner of the site where it outflows into the FDOT drainage canal/easement just south of this site. The site currently contains no pervious areas. The development proposal calls for the construction of a 22,436 sq.ft, commercial building over existing impervious areas which are currently utilized for vendor booths. If the conditional use request is approved, drainage will be addressed with the site plan submittal. Planning and Z(~ning Board Staff Report Delray Swap Shop - Conditional Use Modification Page 4 Streets and Traffic: A traffic impact study was submitted indicating that the existing vendor/retail commercial area occupies 173,819 sq.ft. The proposal is to construct a 22,436 sq.ft, permanent structure within the existing vendor/retail area, which will replace the temporery vendor booths. As no additional vendor/retail use area will be occupied, no additional trips will be added to the surrounding roadway network. Based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: The proposal calls for the construction of a 22,436 sq.ft, commercial (retail) structure within an area that is currently occupied by vendor booths. As no additional use area is being added, there will be no impacts with regard to solid waste/trash generation. Thus, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.$(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Policy C-1,6 - (in summary) ...the North Federal Highway Corridor is designated as a blighted area. This policy calls for the preparation of a corridor improvement program that will, among other objectives, promote the improved appearance of the area, provide for economic stimulation and investment in the area, create jobs, and stabilize and preserve residential neighborhoods through new development, redevelopment and the elimination of blight. The subject property incorporetes a portion of the Community Redevelopment Agency's (CRA) sub-area #5, identified in the CRA Plan. VVhile the proposal is not inconsistent with the above stated objectives it does not clearly further them. A metal building will not improve the appearance of the area, and the Swap Shop has not been a use which has stimulated economic investment in the Federal Highway corridor. It is, however, an approved use which may legally Planning and Z~)ning Board Staff Report Delray Swap Shop - Conditional Use Modification Page 5 continue, and may make appropriate modifications from time to time. In order to prevent the continued piecemeal development, the property owner should upgrade the property by constructing one permanent structure, which would accommodate all the outdoor uses/vendors, and install required parking, drainage and landscaping. These measures would reduce the negative impacts of the use on the redevelopment area. Traffic Element Table T-4 Pursuant to the Palm Beach County Thoroughfare Map and Traffic Element Table T-4 of the City's Comprehensive Plan, the ultimate right-of-way width for this section of Federal Highway is 120 feet, and currently only 100' is provided. Thus, with the site plan submittal, a right-of-way dedication of 10' must be provided from the subject property. Future Land Use Element Ob_iective A-1 - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. The property has been disturbed and contains existing buildings, awnings and asphalt areas. The proposal is to construct a 22,436 sq.ft, building over an area currently occupied by outdoor vendors/booths. Enclosing some of the vendors will help to make the site complementary to the surrounding commercial developments and more compatible with the residences to the south. This policy will be further addressed at the time of site and development plan review. SECTION 2.4.5{E){5) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered by the following: to the north and west are zoned GC (General Commercial); to the south is zoned RM (Medium Density Residential); and, to the east is zoned Town of Gulf Stream OR (Outdoor Recreation). The surrounding land uses are: Second Chance Emporium to the north; Dee-Car Patio Factory Outlet to the west; Kokomo Key townhouse Planning and Zoning Board Staff Report Delray Swap Shop - Conditional Use Modification Page 6 development to the south; and, to the east is a spoil area for dredging the Intracoastal Waterway [FIND (Florida Inland Navigational District) property]. Compatibility of the proposed structure with the adjacent properties is not a major concern as the property is bordered on the north and west by commercial uses, and a spoil area to the east. With regard to the abutting residential property to the south, there is an existing 6' high c.b.s, wall which runs along the north side of the residential property to the east end of the subject property's parking area. Also, the residential buildings are set back 50' from the south property line of the subject property and the proposed structure is set back 139', thus providing a separation of 189'. While the proposed structure will decrease existing negative impacts with regard to noise and aesthetics, as existing outdoor booths will be located within the proposed building, there are concerns with the construction of a 22,436 sq.ft, metal building on Federal Highway. Thus, if the conditional use request is approved, it should be conditioned upon the construction of a c.b.s, building with architectural detailing subject to approval by the Site Plan Review and Appearance Board (SPRAB). There are existing metal storage containers/structures and vending booths located along the south side of the property which have been installed without first obtaining approval. Pursuant to LDR Section 4.6.4(A)(1), where the rear or side of commercially zoned property directly abuts residentially zoned property without any separator such as a street, the commercial structures and booths must be set back 10' from the property line, and the portable storage sheds/containers and booths are set back only 2' - 3' from the property line. In order to make a positive finding with respect to compatibility, a 24' setback is appropriate and will be consistent with the existing awning located on the south side of the property, adjacent to the parking area. The containers are also subject to approval by SPRAB. The proposal includes entertainment uses limited to car shows, clowns, street performers, etc. There will be no concerts, circuses, and/or carnivals conducted on the site. There is a concern with regard to the car shows and street performers, as the property directly abuts a residential development and there is minimal parking provided on the site. Street performers include musicians which utilize the assistance of recordings and amplifiers. The noise created by these performers would impact the adjacent residences as well as the adjacent commercial uses. Thus, any outdoor entertainment involving music should be prohibited. Car shows are not specifically addressed in the GC zoning regulations. It is presumed that these would be occasional special events that would attract customers from the region and therefore would increase traffic impacts in excess of the traffic normally generated by the current vending operation. Also, car shows generally require a large amount of site area to accommodate the vehicle display as well as a loading area. There does not Planning and ;~oning Board Staff Report Delray Swap Shop - Conditional Use Modification Page 7 appear to be a basis in the Land Development Regulations for permitting this type of activity in conjunction with the use. The existing use of the property as a flea market has had an impact on the stability of the neighboring residential areas and has served as a deterrent for commercial investment along the North Federal Highway corridor. This approval will only prolong the existence of the swap shop in its current condition i.e. outdoor activities and no improvements to the balance of the site. As previously recommended, if the use is to continue, the property owner should upgrade the site by constructing one permanent structure, which would accommodate all the outdoor uses/vendors, and install required parking, drainage and landscaping. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. These items have been transmitted to the applicant and will need to be addressed with the full site plan submittal. Annexation and Development Agreement In conjunction with the annexation of the property an Annexation and Development Agreement was executed. Pursuant to the agreement, the City agreed that when improvements are proposed for this site and use, that it would only require compliance for that portion of the site which is subject to the improvements (Paragraph 8 of the Agreement). The following technical items are based upon the limitations of the agreement: 1. LDR Section 4.6.16(B)(2) states that any modification to an existing development wherein there results an increase of 25% of the gross floor area of the structure, or structures, situated on the site, in which case the entire site shall be upgraded to present landscape standards. Based upon the Annexation and Development Agreement, the only landscaping that can be required relates to the provision of a foundation planting adjacent to the proposed structure which is a minimum 5' and contains hedges and trees. As the structure will be obscured by an existing awning it may be appropriate to transfer the landscaping that would be installed within this area to the west side of the property. 2. The building must be designed to provide a finish such as stucco, architectural detailing, and a roof material that is consistent with the Planning and Zoning Board Staff Report Delray Swap Shop - Conditional Use Modification Page 8 redevelopment that has occurred on Federal Highway i.e. standing metal seamed roof, s-tile roof. Another option would be to provide a parapet which would screen the roof and any associated equipment which may be installed on it. 3. The existing water and sewer service laterals and cleanouts must be rerouted so the building is not constructed over the laterals. 4. Drainage plans and calculations prepared by a registered engineer must be submitted, and indicate existing and proposed elevations. 5. A grease interceptor and slop sink must be provided. 6. An isometric plumbing diagram showing water and sewer connections must be provided at the time of building permit submittal. 7. Site lighting locations and fixture details must be indicated on the plans. The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Community_ Redevelopment Agency: At its meeting of March 27, 1997, the Community Redevelopment Agency reviewed the proposal and recommended denial of the conditional use request. No basis was provided. Adjacent Municipalities: Notice of the conditional use request has been provided to the City of Boynton Beach and the Town of Gulf Stream. A response has not been received. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the conditional use petition, and address the listed "Technical Items". Courtesy Notice~; Special courtesy notices were provided to the following homeowners and civic associations: Planning and Z~ning Board Staff Report Delray Swap Shop - Conditional Use Modification Page 9 E! La Hacienda Homeowners Association El Seacrest Homeowners Association El North Palm Trail Homeowners Association El Palm Trail Homeowners Association El PROD (Progressive Residents of Delray) El The President's Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The development proposal is consistent with the policies of the Comprehensive Plan, Chapter 3 of the Land Development Regulations, and the terms of the Annexation and Development Agreement. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, provided the attached conditions are addressed which include construction of a c.b.s, building rather than a metal building, no car shows and no outdoor entertainment involving music or amplifiers. The "Technical Items" listed in the report and conditions of approval will be addressed with the site plan modification submittal. A. Continue with direction and concurrence. B. Recommend approval of the Conditional Use modification request for the Delray Swap Shop based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use modification request for the Delray Swap Shop based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards), Future Land Use Element Policy C-1.6 regarding the North Federal Highway Improvement Program, and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposal will have a detrimental affect on the stability of the neighborhood and will hinder redevelopment of nearby properties. Planning and Z~)ning Board Staff Report Delray Swap Shop - Conditional Use Modification Page 10 Recommend to the City Commission approval of the Conditional Use modification request for the Delray Swap Shop based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations and to address the attached "Technical Items" and conditions; 2. That car shows and outdoor entertainment involving music or amplifiers/speakers be prohibited; 3. That a 5' wide foundation planting consisting of hedges and trees be located adjacent to the building, or along the west side of the property as deemed appropriate by SPRAB; 4. That a fire hydrant be installed along the east side of Federal Highway, adjacent to the subject property; 5. That the proposed structure be of c.b.s, construction with architectural detailing subject to approval by the Site Plan Review and Appearance Board (SPRAB); and, 6. That the metal commercial structures .and booths along the south property line be set back 24' from the south property line with architectural detailing to be approved by SPRAB. Attachments: Location Map Sketch Plan Report prepared by: Jeff Costello. Senior Plant, er GULF STREAM - BOULEVARD SEACREST BLVD. PRESBY~RIAN CHURCH & CHRISITAN SCHOOL FOOT~ALI_ FIELD RIDGE RD. N.E. 22ND ST, M.S.A. TRACT PLUMOSA KOKOMO KEY ELEMENTARYSCHOOL ~.S.A. ~CT 11114 ST. N ~ DELRAY SWAP SHOP PLANNING DEPARTMENT CITY OF OELRAY BEACH. FL -- fl/¢/rAL ~A$£ MAP $~r£M -- MAP REF: LM150 ANNEXATION AND DEVELOPMENT AGREEMENT THIS AGREEMENT, entered into on this /7 day of , 1994, by and between the CITY OF DELRAY BEACH, "), a Florida municipal corporation located in Palm Beach County, Florida, and the DRIVE-IN THEATERS OF FLORIDA, INC., ("Owner"), a Florida corporation. W I TNE S SETH: WHEREAS, the Owner consists of the record title holder of the property that is the subject of this Annexation and Development Agreement ("The Agreement"), which property is legally described in Exhibit "A", which is attached hereto and incorporated herein by reference; and WHEREAS, with respect to that property, it is the desire of the Owner to annex to, and develop in the City in accordance with the terms of this Agreement; and WHEREAS, it is the desire of the City to annex that property and facilitate its development, pursuant to the terms and conditions of this Agreement; and WHEREAS, Owners have or will perform and execute all ,acts required by law to effectuate that annexation; and WHEREAS, that the property is situated in the unincor- porated area of Palm Beach County and is contiguous to the incorporated territory of the City; and WHEREAS, the City Commission of the City of Delray Beach has considered the annexation of the subject property; and WHEREAS, the current use of the property is classified as a flea market and is presently allowed as a conditional use pursuant to the City's Land Development Regulations, and it is the intent of the parties that the Swap Shop may continue as a legal conditional use, pursuant to the City's Land Development Regulations, without any further approval by the City; and WHEREAS, the current intensity of use and separation of use areas has been previously established and determined by Palm Beach County as is set forth in a letter dated May 11, 1988 signed by Terry Verner, Director, Code Enforcement Division of Palm Beach County, said letter is attached hereto as Exhibit "B", and is incorporated herein by reference; and WHEREAS, it is the desire of the City and the Owner that the development of the subject property proceed as soon as possible subject to the ordinances, codes and regulations of the City. NOW THEREFORE, in consideration of the premises and the mutual promises and agreements set forth below, the parties agree as follows: 1. Annexation. The Owner shall, contemporaneously with the execution of this Agreement, file with the Clerk of the City, a duly executed petition pursuant to, and in accordance with, the provisions of Section 171 of the Florida Statutes to annex to the City the property described in Exhibit "A". The City agrees to annex the above-described property upon the terms and conditions set forth in this Agreement. 2. Use of Property. 2 a. The City agrees to permit the current use of the property as a flea market as a conditional use under the City's Land Development Regulations, without any further approval by the City. The City represents and warrants that the existing Land Development Regulations and actions taken by the City will permit the Owner to continue the uses which presently exist on the property as indicated in the site plan attached as Exhibit "C", and incorporated herein, and implement the entire parking and traffic management program as described in Exhibit "D", which is attached hereto and incorporated herein. b. The City hereby finds that said uses are consistent with the City's general commercial land use designation, the City's GC Zoning District Designation and Regulations proposed for the property, and are compatible with neighboring properties as set forth in the Planning and Zoning Board Report dated February 18, 1994. City further finds that said zoning and land use categories are the most appropriate and compatible designations for the subject project. c. The City agrees that the Owner has vested rights to continue to use the property as said property is currently being utilized, as well as vested rights to develop the property in accordance with and to the extent allowed by said land use and zoning designation and the City's Land Use Development Regulations. 3 d. The City further acknowledges that it has inspected the property and has determined that the current uses on the property are in compliance and conformity with current City laws and codes applicable thereto which are in effect upon the execution date of this agreement, except for the use of outdoor loudspeakers. 3. Compliance with City Sign Code. Owner agrees that within 180 days from the effective date of the annexation ordinance, it shall comply with the City's sign code by taking the following measures: a. Relocation of the major freestanding sign to meet the 25 foot (25') setback requirement, and the reduction of the sign's height to a maximum elevation of 18 feet (18'), b. Removal of the roof-top sign situated on the buildings along the south property line, c. Removal of sidewalk and temporary signing, along Federal Highway, and d. Removal of banners which are visible from Federal Highway. 4. Master Siqn Program. The Owner agrees to develop the property in conformance with the master sign program attached as Exhibit "E". The Owner will provide in its master sign program new directional signing as well as how the Owner intends to use banners on the interior of the property described in Exhibit "A". 5. Compliance with the City's Landscape Code. Within 180 days of the effective date of the annexation ordinance, the Owner agrees to comply with the City's landscape code by taking the following measures: a. Enhancing the frontage along Federal Highway to depth of approximately 16 feet by installing additional tree planting and either textured pavers or ground cover, or a combination thereof, b. Installing perimeter landscaping to provide for a minimum 5 foot wide planting area with mature hedging and trees at approximately 30 feet on center along the north and south property boundaries, except for the southwest corner which is not amenable to landscaping due to its width, and c. Implementing the landscape plan which is attached hereto as Exhibit "F"o The City acknowledges that the existing hedge may remain as part of the perimeter landscaping. 6. Compliance with the City's Occupational License Fees. The Owner agrees that it shall pay to the City one annual payment for the total occupational license fees for each vendor at the Swap Shop. The first such payment shall be due no later than September 30, 1994, and by September 30th each subsequent year. The fee shall be based upon the following formula: annual fee = [(maximum use + minimum use) / 2] x 1.15% x (standard retail fee /2) Terms: * (max use + min use /2) is the average use * 1.15% represents a 15% turnover * (standard retail fee/2) is one-half the standard fee For calendar year 1994, the fee is calculated as: [(350 + 150) /2] x 1.15% x ($80/2) (500 /2) x 1.15% x $80/2 = $11,500 For subsequent years, the amount to be collected as an occupa- tional license fee may change as the variables within the formula are altered. Failure of the property owner to provide the payment of the required occupational license fee, shall result in an assessment and collection of full retail occupational license fee by the City from each vendor which operates on the property described in Exhibit "A". 7. Off-Site Parkinq. a. The City agrees that it will process, at its expense, provided that design and landscape code requirements are met, and recommend for approval, conditional use and/or site plan applications which accommodate Swap Shop parking on appropriately zoned GC, PC, AC, and CF privately owned property within the "vicinity of the Swap Shop." The "vicinity of the Swap Shop" is defined as that land being south of Gulfstream Boulevard, east of the FEC Railway and north of N.E. 14th Street. b. The City is not responsible for processing or waiving fees for petitions for the use of the Marina Cay or Miller Dodge properties. c. For the use of properties which presently do not have parking areas which have been approved or which do not 6 meet current City standards, the minimum landscaping required for the new off-site parking areas shall include: Frontage landscaping, per code to a depth of 10 feet, along Federal Highway, and the installation of paved driveway access points. 8. Future On-Site Improvements. The Owner agrees that future development, redevelopment, or improvement of the property described in Exhibit "A", shall comply with City development procedures and regulations. The City agrees that when improvements are proposed for the current site and use, the City will only require compliance for that portion of the site which is subject to the improvements. 9. Parking and Traffic Management Program. The parties agree that they shall work cooperatively to implement the parking and traffic management program as set forth in Exhibit "D". Additional parking considerations, beyond those set forth within the parking management program, may be implemented, upon approval by the City Commission. 10. Removal of Development Conditions. In the event Owner fails to comply with the provisions of Paragraphs 3, 4, or 5 of the Agreement, the City shall provide Owner with notice, via certified U.S. Mail, of the items with which compliance has not been achieved. The Owner shall then have 90 days from the date of receipt of the notice to correct the deficiency, or provide a written request for an extension of time to come into compliance. Upon a showing of good cause, the granting of the extension of time to come into compliance 7 shall not be unreasonably withheld. Failure of the property owner to comply with the provisions of Paragraphs 3, 4, and 5 of the Agreement, after receiving notice, shall result in those provisions being of no further force and effect. The Owner agrees that if it fails to comply with the provisions of Paragraphs 3, 4, or 5 following receipt of notice from the City, that it will be responsible for complying with the existing standards and regulations as contained in the City's current sign and landscape code. 11. Enforcement of Aqreement. The parties further agree that the Owner or the City, either in law or in equity, by suit, action, mandamus or other proceeding, may enforce or compel the performance of this Agreement. 12. Successors and Assiqns. This Agreement shall be binding on the Owner, and its successors and assigns. 13. Notice. Any notices required pursuant to this Agreement shall be sent certified via U.S. mail to the following addresses: To City: David Harden, City Manager City of Delay Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To Owner: Drive-In Theatres of Florida, Inc. 3291 West Sunrise Boulevard Fort Lauderdale, FL 33311 14. Severability. It is further agreed that several provisions of this Agreement shall be separable, and that if any court of competent jurisdiction shall adjudge the pro- visions of this Agreement to be invalid or in unenforceable, that judgment shall not effect the validity or enforceability of any other provision of this Agreement. 15. Entire Agreement. This Agreement constitutes the full and complete understanding between the parties hereto, and no other oral representations have been made. No modification or change to this Agreement shall be valid or binding upon the parties unless in writing executed by the parties to be bound thereby. 16. Amendments. It is further agreed that this Agreement may be amended by the mutual consent of the parties by the adoption of any amendment by the City amending the terms of this Agreement, and the acceptance of same by the Owner. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year written above. CITY OF ~T~ma~~h, May-d~ City Clerk Approve~ ~~Clty. Attorney DRIVE-IN THEATERS FLORIDA, WITNESSES = WITNESS: (Print or Type Name) STATE OF COUNTY The foregoing instrument was acknowledged before me this P£~S/~KO~ (name of officer or agent, title of officer or agent, of O~.,'o~ -~n ~~ o~ ~o~bB, ~. (name of corporation acknowledging), a ~/o~'~ (state or place of incorporation), corporation, on behalf of the corporation. H~/Shc != ~-=nally knc:-:n tc .mt/or has produced - (t~e of identification) as identification. sl~natur6' of NoFa~ PubIlg - State of Florida Print, Type or Stamp Name of Notary Public 10 EXHIBIT "A" PROPERTY DESCRIPTIONi- South 403.25 feet of the easterly 497.35 feet of the west one-half (W 1/2) of the southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and that part of the south 403.40 feet of the southeast one-quarter (SE 1/4) of the southwest one-quarter (SW 1/4) being the northerly 128.66 feet of southerly 272.66 feet lying east of State Road 5 as in OR 2311, Page 701. TOGETHER WITH That part of westerly 155.89 feet of south 403.4 feet of west one-half (W 1/2) of southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and east 44.11 feet of northerly 171.24 feet of south 403.4 feet of southeast one-quarter (SE 1/4) of southwest one-quarter (SW 1/4) lying east of State Road 5. TOGETHER WITH That part of westerly 166.40 feet of south 403.4 feet of west one-half'(W 1/2) of southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and easterly 131.42 feet of southerly 144 feet of southeast one-quarter (SE 1/4) of southwest one-quarter (SW 1/4) lying east of State Road 5. Czrol J. Elmquht ~ ' Dt~mmrn~ c.f Pl:nnlni. goaln, ~'t'e~on H~r~m Dear- I1esse~-s. Menn ar, d Tm'byffi~l, · This let~at- is a ~olloN up go ~k,e =.eeting held a~ the De[l-ay ~hop on Thut-~day,' May 5~ 1388. Pl-e~en~ at that meeg~ng were ';':"~'. r,~yse[ff~ I4~. Lot-eh $heffe~- and MI-. Harold Tu~byfill." R~ ~ha~ ~iae r4~-. Tm-byfill indicated a desire on the pa~t off the Gwap ,:,wne~s-~,3 ~estt-ict vendo~ sales a~ea to ~ha~ po~lon off the' dpive-ir, n pt-opet-ty lying west of ~he ~-aap wall of the snack bap. Wm-thep, it was indicated by M~. Tupbyffill that : that gop~ion off the pp,:,pe~-ty east of the peep wall off the ~nack ba~- I~ould be ap~-anged into a papking a~-ea~ with gapkinB stogs instailed and pal-king spaces ~pppc. p~-iately ~elineated. A peview off ou~- ffile geptaining to the S~ag Ghog activities and .... the d,:,cumenta~ion and eviden=e comtained therein-"i~diQates that the above · desc~-ibed g,-oposal ~ould agpeap, to ~upn the vendop a~-ea o~ the S~ap Sho9 to agpo~ir~ately that ':~hiQh' eMisted l~ :the ~'~i'- be implemented the alleged violations concepmi~g '484.~(a) o~ the County Zoning C~de would be =oppe=ted ~s ~as i~dlQated at the : ~-~ time o~ ou~ or,-site meet~r~g this orifice ~s a~ape ..that' the above" described ppogosal camelot be imglemented until Ju~e l~ 1988,. due :'" to agpDements signed ~ith the vapious vendors. We will e~ge=t~ :". howevep~ %hat as off June l~ 1988 ail ve~dop epees in the above described Dap~ir, g apea will be disQontinued and .. stegs will be - taken to comvept that peep poption o~ the p~operty 9~eviously descpibed into or,-site pa~-king. Should ~y u~de~s~a~di~g o~ the a~o~-ementiomed ppoposal not be ac=u~ate I ~ould.'kgg~eQia~e you P.n ~.doition&l '.=_sue has a~isan ~s'a ~-esult.of the'&ctlvity~&t:;the; ~;~.' by this .ot'rl_e pegarding:the loud.,.~,speakep.system~..being on the S~e~p ,~hop prm~ises in ..the e&~-ly moPning.--hour, s. ,.' call your attention to Section 50e. 16 'of the.,County.~.Zoning:Code~. dealir, g with per~'o~r,~nce stand&rds. :. Speciflcall¥~?.subpar&gr'&ph o~ said sect ion deals with. the Palm'Seach Fur-thor, set forth within the ~.oise.regulations it.-'lndicates!that'~.?~ loud spe~ket-s ~re p~ohibited fpom~oper&ting between.the ' hours.~Of}~ik.. 10:00 P.H. and 10:~0 A.M. on ~eekends and holidays'such _=c, und theretS-om is plainly audible ~cross the.p~opep, t.y line ir, h~bited residential property. It ~ould be be~t~that:.'..¥ouv'noti~'y ~."![ the apprc, pri&te parties concerned, and · refrain: ;.f~-o~a~.~use <.}'of,~the loud speaker- sy=_~em until' 10:00 A.M. 'on weekends'and/or holidays']~.:~:' op reduce the sound level .such th&t-'it ~ is not ~-daudible at With t-egat-ds to the com~aittee designated by the,J~oard Comr,~issionet-s to revi'e, the allegations'and... Q~-oble~as the Delray 'Swap Shop ..~I see . r~o-i~eason.to.call [an.~additional-L~ meet lr, g pplo~ to Con, missioner Carol ,~ Roberts~.,' <.Petupn · ~ora .hep:~>-~. t~ip. Should .the remedies set.'.' ~o~th.he~ein be accu~ate~&nd~Z~ ~gpeeable to you I ~ll ~oti(y hereupon he~ ~et.u~n :-that initiated steps to bping.[ the p~ope~ty &into co~apliance co~-~-esponder, ce. Again, I appreciate you~co~p~ation ar,d.'should~)~', you .have ~ny ~peci~lc questions ~ega~ding.theselm~tt~s please .do'~'i~ : ~. 'i. <' ...:.~... TV' s~ " -'. '.'i ' ' .~'*:'.!' * '.' " 3.:... ~ '-*~'* ' '* * ' ' ' .... .. ... .- . .~<...:, . ...-.:...~ ~ · =...~...- ..... * :.. · . . .. =.-.~ ........ . ..... ,:.. ..... , . *;* . . ... EXHIBIT PARKING AND TRAFFIC MANAGEMENT PROGRAM The Swap Shop will create a parking and traffic control plan which shall provide for: 1. The location and layout of parking spaces within the Dixie Highway right-of-way which shall, among other items, include: a. defined driveway/access points; b. the number of spaces in each parking area; c. provision for a barrier (stanchions and roping would be adequate) which would prohibit traffic from not using designated .access points and traffic routing plan; d. a layout which does not accommodate the backing of vehicles into the travel lanes; however, parallel parking may be used; e. signing (directional/use) locations. 2. Appropriate personnel (e.g. qualified law enforcement persons) to direct traffic, enforce parking, and direct pedestrian movements; 3. The operation, by the Swap Shop, of tram service between designated parking areas and the Swap Shop; 4. Installation and maintenance of a pedestrian walkway system along Dixie Highway (off the travelway) to points of east/west access to the sidewalks along Federal Highway. This walkway may be mulch or some other surface suitable for walking. It need not meet City specifica- tions for sidewalk or pathway construction; 5. A period of operation for the tram and personnel from December 1st through the Easter holiday of each year with designation of days of operation being Saturdays, Sundays, holidays, and special event/promotion days; 6. On an as-needed basis, the Swap Shop will provide other personnel to assist in operation, security, and trash pick-up in the designated parking areas along Dixie Highway; 7. A hold harmless agreement to the benefit of the City for use of the Dixie Highway right-of-way for parking and pedestrian purposes. 04/25/1597 15:25 §51-272-B22¢3 "' ? '~ K~ S~S =:e=:~ '~'"~'P~GE Soulh Florida Div~ sion Pluming and Zoning Bma[d M~b~s City of Dd~y Beach ~00 N.W. Ist Avenue Del~ay Beae~, FL 33444 April 28, 1997 Dear H~or~ble M~bers: ~k you ~or no~iG'i~ ~e office eonflition~ u~ request to fllow ~he Del~y S~p Shop ~o build an a~ition. [ am unable ~o ~d ~e Planning and Zoning Board ~ing on Money, April 28, i 997 but would like to p~s alo~ my flaough~s re~ng fine p~po~ ~difi~. ~uRe Home Co~otafion h~ ~aves~d a great d~l oft~me ~fl mon~' ~mo our Koko~ Key community a4~a~t to the Swap Shop. As ~he ~mfity neats ~ptetion~ we ~e ce~in that the C~y s~ our co~i~ent to ~iatain the qu~ky of ~eveiopm~t anti improv~ent that ha~ b~n adopt~ along No~ F~eral ~ighway ~ablish~ by Koko~o K~. ~ ~ropo~e~ 22~436 squar~ foot addition m ~e Swap Sh~ will inevit~lg ~nc~ease p~i~ d~ along Fede~ Higher, y, ma~,mg ~ e~ti~ pwblem, Currently, ~he~ ~ a number o~opIe who park in the Kokomo Key guest pa~g a~ anti wal~ to ~e Swap Shop~ Funhem~ore, the aflflifio~ ~ould be ~nsis~m~t ~¥i~ all new ~ns~on in ~e area ~ it relat~ ~o parking, landscaping, architecture ~d pemn~er improvemems (i.e. side, ks, land,ping, ~ignage, buf~rs, ~e.). A de~a opaque landscape buffer should be m~lled ~ong ~e Sou~ propeay line. Revved Hou~ of Op~rati0n should be consider~ pa~eularly dur~g Saturday and Sun~y, to mimmi~ ~e imp~ of~e uae on fl~ resi~. Cu~fly, the M~I Entenai~ can be heard in our Sales 0~! In conclusion, the ad~ti~ n~s to be consorted ~d develop~ in a m~mer ~nsistent wi~ the R~evelopment Goals of the Ci~' of ~lray Be~ ~ong No~ F~eral Hi~ax~y ~ su~ounding are~. We bdieve ~at this ~pli~tion provid~ the Ci~ of Ddray ~eh the op~ni~ to ~nprove lard use compafibiliw ~ithin the ar~. Wo urge you ~ seriously ~si~ our recomm~datiom. Pl~e do not hesitate to ~ll me if~u have any ~nh~ qae~o~ or co~. Sincerely, Vicc President L~nd D~vdopmetlt 1350 East Newport Cent:er Orive, Suite 200, Oeeffield Beach, Florida 33442 (954) 42~-5100 lAX (954) 428.9700 CITY OF DELRAY BEACH RE:SWAP SHOP NEW BUILDING AS THE CLOSEST AND OLDEST NEIGHBOR OF THE SWAP SHOP WE WOULD LIKE MAKE A COMMENT IN THIS MATTER. WE HAVE SEEN THE DRAWING OF THE BUILDING THAT THE SWAP SHOP IS PROPOSING TO BUILD ON THEIR PROPERTY. IT IS GOING TO BE A DEFINITE ASSET TO NORTH FEDERAL HIGHWAY IT IS VERY ATTRACTIVE AND SERVICABLE. WE ARE SURE THAT EVERYONE IN THE SURROUNDING PROPERTIES WILL FEEL THE SAME. JAY AND MARILYNN CARR 2101 NORTH FEDERAL HIGHWAY ~: ~),. ~ , I' , ~::~ ~. ~'~-~.'~i ~, .~....,X.~ ~ ,.J.~. ~ ~_ . ' ~,, ,. ~ ~.. I ' ~>F. RRY ~ SCHONE, P.A. ATTORNEYS AT LAW ,50 S.E, FOURTH AVENUE ])ELRAY BEACH, FLORIDA ;1:]483 MARK A. PERRY TELEPHONE (56l) 276-4146 LARRY T, SCHONE FACSIMILE (561) 276-3859 KEITh E). KERN ~y 6~ 1997 Re: Request for approval of a Conditional Use Modification request for the Delray Swap Shop within the GC zoning district Dear Counsel Member: This office represents Terry Turbyfill and Netti Turbyfill, the owners of the business commonly referred to as "The Delray Beach Swap Shop." My clients are seeking approval for the construction of a 22,436 sq. fi. C.B.S. commercial building on their subject location to replace a majority of the existing outdoor vendor booth areas and to provide for additional parking. The proposed plan is to reduce 153 exterior vendor booths with 96 interior vendor booths that would be located inside the C.B.S. building and would also provide for additional parking on the northwest coruer of the site, please see attached Exhibit "A". In 1994, my clients and the City of Delray Beach entered into an Annexation and Development Agreement, which set forth special terms and conditions for the development of the subject site. As one would expect, the agreement provides for the annexation into the City, and the further development of the Swap Shop. In the relevant parts regarding the use and development of the site, the agreement provides as follows: Whereas, with respect to that property, it is the desire of the Owner to annex to, and develop in the City in accordance with the terms of this agreement .... Whereas, the current use of the property is classified as a flea market and is presently allowed as a conditional use pursuant to the City's Land Development Regulations, and it is the intent of the parties that the Swap Shop may continue as a legal conditional use, pursuant to the City's Land Development Regulations, without any further approval by the City. Whereas, it is the desire of the City and the Owner that the development of the subject property proceed as soon as possible subject to the ordinances, codes and regulations of the City .... The City agrees to permit the current use of the property as a flea market as a conditional use under the City's Land Development Regulations, without any further approval by the City. The City represents and warrants that the existing Land Development Regulations and actions taken by the City will permit the Owner to Continue the uses which presently exist on the property as indicated in the site plan attached as Exhibit "C", and incorporated herein, and implement the entire parking and traffic management program as described in Exhibit "D", which is attached hereto and incorporated herein .... The City agrees that the Owner has vested rights to continue to use the property as said property is currently being utilized, as well as vested rights to develop the property in accordance with and to the extent allowed by said land use and zoning designation and the City's Land Use Development Regulations. The proposed improvements by the Owners are consistent with the uses contemplated in the Agreement and the Owners vested right to continue with their use of the property as a flea market. It is my position, and I also believe staff's position, that my Client's Request for Conditional Use Modification meets the requirements of the City's Land Development Regulations and also the policies of the Comprehensive Plan. Staff has recommended approval subject to six (6) additional conditions. My clients agree to meet these conditions and to additionally commit to the following: 1. Personnel will be provided to direct traffic, enforce parking, and direct pedestrian movement. 2. Additional parking will be provided on the northwest portion of that area that is presently being used by vendors. 3. The property to the north indicated as parcel 504 on the Palm Beach County Property Appraiser's Map shall be utilized as off-site parking. 4. An additional 12' paving and landscaping shall be provided on the westerly portion of the property, which landscaping abuts Federal Highway, 5' of landscaping on the southerly boundary of the property adjacent to Kokomo Key, plus planting and planters throughout the open market area. t By approving my clients request, noise pollution will be substantially reduced, since the property Owners have agreed that car shows and outdoor entertainment involving music or amplifiers/speakers, and a majority of the vendor booths will be in an enclosed structure. Further, it should be pointed out that staff comments prov. ide that the construction of the building will not intensify the use on site. "A traffic impact study was submitted indicating that the existing vendor/retail commercial area occupies 173,819 sq. fi. The proposal is to construct a 22,436 sq. fi. permanent structure within the existing vendor/retail area, which will replace the temporary vendor booths. As no additional vendor/retail use are will be occupied, no additional trips will be added to the surrounding roadway network. Based upon the above, a positive finding with respect to traffic concurrence can be made." Also, there will be a reduction of vendor booths to provide for the additional parking and landscaping that will be implemented as improvements to the site which will result in a reduction of trips. It is the intent of the Owners to make a financial commitment to improve their business to provide for an aesthetically appealing structure, additional landscaping and parking to help promote the commercial viability of the site, and consequently help develop the neighborhood. The proposed improvements should not have a detrimentally effect, but promote other Owners to invest in making improvements on their commercial sites, which will benefit the entire area. My clients are committed to this project and are willing to meet any additional reasonable requirements the City may place upon them for the development of the subject site. MAP/mde ~k-'~/Pe~ Iill llti~l!tlj!, I Illlllllllllllllll Jill IIil:lll]ll JJllllllillillllli Illll I Jill I i/l~liit Ii '. !l.lllilllll II III II111 I ILL 1 ..!JLI. UJJJJ].! LLI.ILIJ ~.ttl.!lll , , IJl~l ij.I [!!iii I FILE NUMBER: 97-~02-USE-CCAI I PET'T'ON NAME: DELRAY SWAP SHOP I A. City of Delray Beach Comprehensive Plan as Existed on 5-6-97 B. City of Delray Beach Land Development Regulations as Existed on 5-6-97 C. City of Delray Beach Zoning District map as Existed on 5-6-97 D. City of Delray Beach Future Land Use Map as Existed on 5-6-97 ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE 1. Resume Brief of Paul Dorling. 5-05-97 2. Resume Brief of Jeffrey A. Costello. 5-05-97 1. Conditional Use Application. 3-07-97 2. Title Certificate prepared by Hugh G. Isley, Jr., dated April 8, 1997. 3-07-97 3. Warranty Deed recorded in ORB 2311, Page 701. 3-07-97 4. Certificate of Incorporation. 3-07-97 5. Traffic Impact Statement prepared by Jeff H. Iravani, P.G. 3-07-97 6. Letter from Jasmin Allen to Joseph Houston, Agent, dated March 3-31-97 31, 1997. Page 1 I FILE NUMBER: 97-102-USE-CCA I PETITION NAME: DELRAYSWAP SHOP I iilii ii i iiti/i ilii ...................................................................................... 1. Tax map showing all properties within 500' of the subject property. 3-07-97 2. 1996 tax rolls listing all property owners and mailing labels within3-07-97 500' of the subject parcel. 3. Notice of Conditional ~Jse published in the Boca ~ws on April 17, 4-17-97 1997. 4. Public i~tice, {~ptice of~nditional~se, mailed April 17, 1997. 4-17-97 5. Letter to Tambri Hayden, Planning Director, Boynton Beach from 4-21-97 Jasmin Allen, dated April 21, 1997, notifying the City of Boynton Beach of this conditional use request and Planning and Zoning and City Commission meetings. 6. Letter to Scoff Harrington, Town Manager, 'Town of Gulf Stream 4-21-97 from Jasmin Allen,. dated April 21, 1997, notifying the Town of Gulf Stream of the conditional use request and' Planning and Zoning and City Commission meetings. 7. Special Courtesy Notice to the Neighboi'hood Associations, mailed 4-21-97 April 21, 1997; Page 3 IFILE NUMBER: 97-102-USE-CCA 1 I PETITION NAME: DELRAYSWAP SHOP I 1. NAMES DATED Jay and Marilynn Carr. 4-23-97 4-23-97 ,,, Pulte Home Corporation. 4-28-97 4-28-97 1. Audio tapes of the Planning and Zoning Board's meeting of April 28, 1997. , ........................................... ~'<"¢*:+.'..'>:'.'-'fT3,',.'.'.~/-'.' .................... :': :':':-~~i-:.:.:.:-:::.:::::...:-:::::::::::::::.'::¢ ~::: ::: ::::::::::::: :.::::::::~:: ~ ~,~/,~/~.~. ~ ~.~/./.~,~ ........... $~: ~ ~:!:~ ~:,'.'.~.'.~./~/~ ~.:>~,. ~ .... ~.~ ~ ~'~8~....TiT ...... ~]~! ~!:!T'I '~ :'] ¢./..~: ¢..'~..¢.o,~ 1. Survey prepared by O'Brien, Suiter & O'Brien, dated March 12, 3-12-97 1997. 2. Sketch plan prepared by David E. Voss, dated April 15, 1997. 4-16-97 3. Photograph of proposed metal building. 4-11-97 4. Building elevatior~ exhibit. 4-11-97 Page 4 IFILE NUMBER: 97-102-USE-CCA I PETITION NAME: DELRAY SWAP SHOP 1. Annexation and Development Agreement, executed May 17, 1994. 3-07-97 S:~APPEALS\SWAPSHOP Page 5 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS s JzcT: ASE A ITEM # q D RESU MEETINS OF MAY 6, 1997 RESOLUTION NO. 39-97/ALLEY ABANDONMENT WITHIN BLOCK 28, TOWN OF DELRAY, FOR GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH DATE: MAY 2, 1997 This is before the Commission to consider approval of a resolution abandoning a portion of the north/south alley right-of-way within Block 28, Town of Delray, associated with the Greater Mount Olive Missionary Baptist Church child care center. The property is located south of N.W. 1st Street, between N.W. 4th and 5th Avenues. Mount Olive proposes to operate a child care center within the existing church facility, with the play area to be located at the south end of the church's property abutting the west side of the portion of the alley to be abandoned. In order to access the play area, children must use the alley. The Palm Beach County Health Department will not allow children to use a dedicated public right-of-way to access different areas of the property. The abandonment will permit the alley to be aggregated to the church property and allow the child care center to be established. The alley is currently improved and contains existing utilities and drainage facilities. The resolution as drafted abandons the subject property for roadway purposes only, but retains and reserves to the City a utility easement over the entire area to accommodate these facilities. The Planning and Zoning Board considered the application at a public hearing on April 28, 1997, and voted unanimously to recommend approval based upon positive findings with respect to LDR Section 2.4.6(0) (5) and subject to the condition that an easement be retained over the abandonment to accommodate the drainage and utility facilities. Recommend approval of Resolution No. 39-97, based upon positive findings with respect to LDR Section 2.4.6(0) (5). ref:agmemo8 ~ ~-O RESOLUTION NO. 39-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE NORTH/SOUTH ALLEY RIGHT-OF-WAY FOR ROADWAY PURPOSES ONLY WITHIN BLOCK 28, TOWN OF DELRAY, RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, LOCATED SOUTH OF THE GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH BETWEEN N.W. 4TH AVENUE AND N.W. 5TH AVENUE, AND RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of the north/south alley right-of-way lying within Block 28, Town of Delray, being located south of the Greater Mount Olive Missionary Baptist Church, between N.W. 4th Avenue and N.W. 5th Avenue, as more particularly described herein; and WHEREAS, the application for abandonment of a portion of said alley right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O) (3) (d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed this petition at a public hearing on April 28, 1997, and recommended approval of the abandonment, based upon positive findings pursuant to LDR Section 2.4.6(0) (5) and subject to the condition.that a utility and drainage easement be retained over the abandonment area to accommodate the existing utility and drainage facilities; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right-of-way for roadway purposes based upon positive findings pursuant to LDR Section 2.4.6(0) (5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NCW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property for roadway purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, more particularly described as follows: That part of the alley right of way in Block 28, Map Of Town of Linton (now Delray Beach), according to the Plat thereof recorded in Plat Book 1, Page 3 (Sheet 2) of the Public Records of Palm Beach County, Florida; and in the Plat of Mt. Olive Baptist Church Property, according to the plat thereof recorded in Plat Book 69, Page 20 of the public records of Palm Beach County, Florida, bounded as follows: On the west by the east line of the north 50 feet of Lot 5 and all of Lot 4, Town of Linton (now Delray Beach) and the south 74.72' of Lot 1, Mt. Olive Baptist Church property; on the north by the easterly extension of the north line of the south 74.72' of Lot 1, Mt. Olive Baptist Church property; on the east by the west line of Lot 9, Block 28, Town of Linton (now Delray Beach) and the north 124.72 feet of Lot 2, Mt. Olive Baptist Church property; and on the south by the westerly exsension of the south line of the north 124.72' of Lo5 2, Mt. Olive Baptist Church property. Containing 3,191 sq.ft. (0.073 acre), more or less. PASSED AND ADOPTED in regular session on this the 6th day of May, 1997. ATTEST: ~City Cl~rk f - 2 - Res. No. 39-97 N.W. 1 ST ST. OLIVE BAPTIST CHURCH FIRE STATION ~ TENNIS ATLANTIC AVENUE POLICE SOU TH COMPLEX COUNTY COURT HOUSE N ~ ABANDONMENT OF ALLEY R-O-W = ""'"'"'"'~':'""~E."? BLOCK 28, TOWN OF LINTON CITY Og DE.LRAY BEACH. FL -- OIGITAL BASE ~ $~T£1~ -- MAP RE'F: Lu 146 TO: DAVID T. HARDEN, CITY MANAGER THRU: , GIRECTOR ND ZONING FROM: ,~F:~/F)~EY A. COSTELLO R PlaNNER SUBJECT: MEETING OF MAY 6, 1997 ALLEY ABANDONMENT WITHIN BLOCK 28, TOWN OF LINTON FOR GREATER MT. OLIVE MISSIONARY BAPTIST CHURCH AND ACCEPTANCE OF UTILITY AND DRAINAGE EASEMENTS. The action requested of the City Commission is approval an abandonment of a portion of an alley within Block 28, Town of Linton for Greater Mount Olive Missionary Baptist Church, along with acceptance of a utility and drainage easement. The subject right-of-way is a portion of the north/south alley located south of N.W. 1st Street, between N.W. 5th Avenue and N.W. 4th Avenue. The proposal is to abandon the portion of the 16' wide alley abutting Lot 9, Lot 4, and the north 50 feet of Lot 5, Block 28, Town of Linton, and Lots 1 and 2 Mt. Olive Baptist Church plat. The area of the alley to be abandoned is 3,191 sq.ft. (0.073 acres) and has been improved. Within the alley there are existing utilities (i.e. electric, phone cable tv, gas) and drainage facilities. The abandonment is being sought to aggregate the Mt. Olive holdings on each side of the alley. The future operations include plans for a child care facility and associated play area. Currently, in order to access the play area, children must cross the alley. However, the Palm Beach County Health Department (child care permitting City Commission Documentation Alley Abandonment within Block 28, Town of Linton for Greater Mt. Olive Missionary Baptist Page 2 agency) will not permit children to utilize a dedicated public right-of-way to access different areas of the property. At its meeting of April 28, 1997, the Planning and Zoning Board held a public hearing regarding the request. There was no public testimony regarding the proposed abandonment. After reviewing the staff report, the Board recommended approval (7-0 vote) based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the condition that a utility and drainage easement be retained over the abandonment area to accommodate the existing utility and drainage facilities. By motion, approve the Resolution for the abandonment of a portion of an alley within Block 28, Town of Linton, for Greater Mount Olive Missionary Baptist Church, and accept the retention of a utility and drainage easement, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Planning and Zoning Board Staff Report and Documentation of April 28, 1997 · Resolution by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE- April 28, 1997 AGENDA ITEM' IV.C. ITEM: Abandonment of a Portion of the North/South Alleyway Lying South of the Greater Mt. Olive Missionary Baptist Church, Between N.W. 4th Avenue and N.W. 5th Avenue. m J I I IN.W,I I I I I I I I I I IST[ ~ ] i J j JJ J t l{ J I Il [ i .... m · I J I I J o.v l = CHURCH ~ ~ ~ z ATLAN T~C AVENUE ~ HOUSE GENERAL DATA: Owner ............................. City of Delray Beach Applicant ......................... Greater Mount Olive Missionary Baptist Church Location .......................... South of Greater Mt. Olive Church between N.W. 4th and N.W. 5th Avenues. Property Size .................. 0.073 Acre Future Land Use Map ..... General Commercial Current Zoning ................ CF (Community Facilities) and R-1-A (Single Family Residential) Adjacent Zoning .... North: CF East: CF & R-I-A (Single Family Residential) South: GC (General Commercial) and CF West: CF Existing Land Use ........... Improved alley right-of-way. Proposed Land Use ........ Abandonment of a portion of the north/south alley right-of-way lying within Block 28, in order for the church to establish a child care center within the existing church building and utilize the recentlY purchased property on the west side of the alley as the associated playground. Water Service ................. N/A Sewer Service ................. N/A - IV.C. The item before the Board is that of making a recommendation to the City Commission on an abandonment of a portion of an alley within Block 28, Town of Linton for Greater Mount Olive Missionary Baptist Church, pursuant to LDR Section 2.4.5(0). The subject right-of-way is a portion of the north/south alley located south of N.VV. 1st Street, between N.W. 5th Avenue and N.W. 4th Avenue. The subject alley was dedicated with the recordation of the plat of Town of Linton and has been improved. On February 25, 1991, the Planning and Zoning Board approved a minor conditional use modification for Mt. Olive Baptist Church to construct a 13,604 sq.ft, building addition onto the existing sanctuary and expansion of the parking lot to the west side of the subject alley. The addition has been constructed and contains a multipurpose auditorium, choir rooms, meeting rooms, offices and a kitchen. On March 26, 1991, the City Commission approved a rezoning from R- 1-^ (Single Family Residential) and GC (General Commercial) to CF (Community Facilities) for the church properties, including their surrounding parking areas. On October 8, 1991, the City Commission approved the plat for Mt. Olive Baptist Church together with abandonment of the north portion of the alley lying between the sanctuary on the east side of the alley, and the church's parking on the west side of the alley. On August 10, 1993, the City Commission approved a rezoning from R-l-^ to CF and Conditional Use approval for the church property on the east side of N.W. 4th Avenue to allow the construction of a 42-space off-site parking lot for church overflow parking. On November 19, 1996, the City Commission approved rezoning of Lot 4 and the north 50 feet of Lot 5, Block 28, Town of Linton (on the west side of the subject alley) from GC (General Commercial) to CF (Communities Facilities) to accommodate a proposed child care center and youth center. The development proposal is to install the play area for the child care center which will be located in the church structure. In October 1996, a site plan modification was processed to install a fence to enclose the west portion of the church property including the proposed playground area with gates at the south end of the portion of the alley proposed for abandonment and at the north end of the property, where the alley was previously abandoned. P & Z Board Staff Report Alley Abandonment within Block 28, Town of Linton for Greater Mt. Olive Missionary Baptist Church Page 2 I,'..:-.' .!:':,: ':.:-. '.' t,:-:-:-: ',. :.: .:-:-:,..:.:-:-:-:.:,*.:*:. ~'~*:.:'D Z'Z,:':,~*:':'i'i.i* I" ':':*:':*:'i ':' :'i'i' ~'T' :': ':':':'~'1':' :':'Z *Z.: .~,;':':.:.Z ':*~'i'i' :' :':'~':'~':" ':':':':'i':"*C':*'*':':':'T'i': ':" 'Z, Z,: '~':*:'"'"':':*i'T'" "'"' ":'" '"" *"'"'"'"'"'l"'"'"'t '"' '""'"'t"'""""'"'"":'"'"'"'"'"'"'""'" ' '"'"'""'°'*'"'"'"'"'"'"' "'"'""'"'"'"'"'"'"'""'"'""'"'"'"'" The proposal is to abandon the portion of the 16' wide alley abutting Lot 9, Lot 4, and the north 50 feet of Lot 5, Block 28, Town of Linton, and Lots 1 and 2 Mt. Olive Baptist Church plat. The area of the alley to be abandoned is 3,191 sq.ft. (0.073 acres) and has been improved. Mt. Olive proposes to operate a child care center within the existing church facility, with the play area to be located at the south end of the church's property abutting the west side of the portion of the alley to be abandoned. In order to access the play area, children must utilize the alley. The Palm Beach County Health Department will not permit children to utilize a dedicated public right-of-way to access different areas of the property. The abandonment will permit the alley to be aggregated to the church property and allow the child care center to be established. The portion of the alley to be abandoned abuts primarily church owned property which is developed and an existing single family residence abutting the northeast portion of the alley. The subject alley proposed for abandonment has a width of 16'. Pursuant ta LDR Section 2.4.6(O)(1), public right-of-way dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels when abandoned. Based upon the above, one-half of the alley will revert to the owners of the abutting properties. As previously stated, gates are to be installed at the south end of the portion of the alley proposed for abandonment and at the north end of the property, where the alley was previously abandoned. Emergency access will be accommodated via the installation of knox boxes at each gate. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.6(O)(5) (Findings), prior to granting an abandonment, the City Commission must make the following findings: a) That there is not, nor will there be, a need for the use of the right-of-way for any public purpose (Policy A-6.3 of the Traffic Element); b) That the abandonment does not, nor will not, prevent access to a lot of record; c) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general _ area. P & Z Board Staff Report Alley Abandonment within Block 28, Town of Linton for Greater Mt. Olive Missionary Baptist Church ' Page 3 Within the alley there are existing utilities which include a 2" gas main, two buried phone lines with 3 junction boxes, and overhead cable tv and power lines. Also within the alley there are existing drainage facilities. In order to abandon the alley, the utility and drainage facilities must be covered by a utility and drainage easement. The properties abutting the east portion of the alley to be abandoned are accessible via N.W. 4th Avenue and the properties on the west side are accessible via N.W. 5th Avenue. Thus, the abandonment will not prevent access to the properties. The church parking areas on the east and west sides of the alley are primarily accessed via the existing and abandoned portions of the alley north/south alley. Access to the alley will be retained by Mt. Olive Church for traffic circulation, emergency access and utility purposes. Emergency access will be accommodated via the installation of a knox box at each gate. Lot 9 does not take access from the alley. This current situation will not be affected by the abandonment. An easement is required to cover the existing utility and drainage facilities. Thus, there will not be a detriment for the provision of access and utility services. The subject property is not within a geographical area requiring review by the Downtown Development Authority (DDA) Community_ Redevelopment Agency At its meeting of September 12, 1996, the CRA reviewed the abandonment request and had no objections. Historic Preservation Board At its meeting of April 16, 1997, the HPB reviewed the abandonment and had no objections. Public and Courtesy Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Courtesy notices have been provided to the following civic and homeowners associations: Q Delray Merchants CI West Atlantic Properties Association CI Peach Umbrella Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. _ P & Z Board Staff Report Alley Abandonment within Block 28, Town of Linton for Greater Mt. Olive Missionary Baptist Church Page 4 The alley is currently improved and contains existing utilities and drainage facilities. The abandonment will not prevent access to property. In order to abandon the alley, an easement must be provided to accommodate the existing utility and drainage facilities. The easement deed must be provided prior to City Commission action on the abandonment. Abandoning the alley will enable Mt. Olive Baptist Church to establish a child care center. A. Continue with direction. B. Recommend approval of the abandonment of a portion of an alley abandonment within Block 28, Town of Linton, for Mt. Olive Missionary Baptist Church based upon positive findings with respect to LDR Section 2.4.6(0)(5). C. Recommend denial of the abandonment of a portion of an alley abandonment within Block 28, Town of Linton, for Mt. Olive Missionary Baptist Church based upon a failure to make positive findings with respect to LDR Section 2.4.6(O)(5). Recommend approval of the abandonment of a portion of an alley abandonment within Block 28, Town of Linton, for Mt. Olive Missionary Baptist Church based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following condition: 1. That a utility and drainage easement be provided over the entire abandonment area to accommodate the existing utility and drainage facilities, and that such documentation be provided prior to scheduling the abandonment for City Commission action. Attachments: E! Location Map El Survey This Report prepared by: Jeff Costello. Senior Planner PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN DATE: APRIL 24, 1997 RE: CITY COMMISSION MEETING OF MAY 6, 1997 SCOPE OF SERVICES FOR THE DOWNTOWN TRAFFIC STUDY Attached please find a draft Scope of Services for the study of traffic in the downtown, including an analysis of the conversion of the one-way pairs to two-way traffic. The scope was prepared by Paul Dorling and John Walker, in conjunction with FDOT District Planning Manager Gus Schmidt. John also talked to Tom Fleming and Bill Wood to get their opinions on the issues that should be included, since there seemed to be a desire to have a more comprehensive look at traffic in the area. Hence, the first part of the scope includes some concerns that have been around awhile. We did not include an analysis of parking issues, as those are being addressed separately by the consultant retained by the Parking Management Team. Following a review of the scope by the City Commission, we will proceed with getting formal bids on the study. c: Paul Dorling, Principal Planner John Walker, Project Coordinator DOWNTOWN TRAFFIC STUDY SCOPE OF SERVICES Perform a study of traffic circulation and signalization in the downtown, focusing primarily on East Atlantic Avenue, Northeast 1st Street and Southeast 1st Street, between Swinton Avenue and S.E. 6th Avenue (U.S. Highway 1). The study shall address and make recommendations on the following issues: A. Signal timing and synchronization - Does the existing timing sequence move traffic as efficiently through the downtown area as possible, or should modifications be made? Also, given the increased vehicle and pedestrian traffic in the downtown during evening hours, consider the most appropriate time for the signals to change to the flashing phase. B. Intersection of Atlantic Avenue and NE/SE 1st Avenue - Should this intersection be signalized? C. Intersection of Atlantic Avenue and Swinton Avenue - Address the potential for installing an additional westbound lane (left or right turn) at this intersection, including an assessment of the improvement to traffic flow. CONVERSION OF ONE-WAY PAIR TO TWO-WAY TRAFFIC The study shall also address the projected impacts of converting the existing one-way pair of NE 1st Street and SE 1st Street to two-way traffic. Include an analysis of the following aspects of the conversion: A. Traffic volumes and levels of service (LOS) on Atlantic Avenue, NE 1st Street and SE 1st Street in their existing circulation pattern and upon conversion of the one-way pairs to 2-way traffic. In addition, include a comparison of the projected volumes and LOS for the years 2000 and 2015. Also consider the impacts of the change on north-south traffic, particularly at Swinton Avenue and U.S. 1. B. Intersection analysis of the intersections located along NE 1st Street, SE 1st Street and Atlantic Avenue, between and including Swinton Avenue and S.E. 6th Avenue (see attached map). Capacities and characteristics should be based on existing operating conditions (one-way pair), and upon the proposed conversion to two way traffic, and should consider present volumes as well as projected volumes for the years 2000 and 2015. The analysis should also address signalization requirements, including new signals and modifications to existing signals. C. Operational analysis based on the existing lanes, and the geometric requirements (i.e. turn lanes) created by a 2-way conversion. Consider available right-of-way, pavement, etc. D. Directional sign requirements if the one-way bypass is converted to 2- way. s:\adv\bypassl >: ~ ~ z MEMORANDUM TO: Mayor and City Commissioners FROM: Alison MacGregor Harty, City Clerk~I~ SUBJECT: Additional Information for May 6, 1997, Aqenda Iter~ DATE: May 6, 1997 Additional information has been received with respect to the following agenda items: (1) Item 9.A., ADDeal of SPRAB Decision/Camino Real Holiday Inn. Letter from F. Martin Perry, Esquire, on behalf of the Manor House Condominium Association. (2) Item 9.F., Distribution of FY 97/98 Anti-Druq Abuse Act Grant Funds. We received the attached memorandum from the Criminal Justice Commission indicating that the original background material contained a typographical error. The proposed allocation for the Palm Beach County Sheriff's Office, Multi-Narcotics Task Force, is $528,707, not $528,236 as shown in your backup. A revised letter containing the correct figure has been prepared for the Mayor's signature, a copy of which is attached for your review. AMH/m < ~_, ' Attachments ~,~ ~,v-~" ~_~ ~.,~ cc: David T. Harden, City Manager Susan A. Ruby, City Attorney Robert A. Barcinski, Assistant City Manager Richard G. Overman, Chief of Police Paul Dorling, Principal Planner Barbara Garito, Deputy City Clerk AMH/m Attachment Fl%'"0Z.,'J.'3'37 Z2: :"~ 407-35-=,-4'34:L PBC ,3RTM ,JUST COMM F"~,~E ClZ CITY COMMISSION, Criminul Justice Commission ~'~', :-A ";,],11 J',,':,,.:',. lq. '~,":l')'-.I-?(t~-, MEMOI NDDM ~.:,.~ ~!,,,~ '~,!,!. ,:I,,.~l May [. 1997 'Fo all Palm Beach County Mayors: · On April 28. 1997. the Criminal Justice Commission serving as the Sub.~tancc Abuse Advisory Board thxed a letter which sought your approval in the allocati.n of FY98 Anti Drug Abuse ACt Grant (Edward Byme) Funds. However. in that ~:,~ ~,~,, .... h:.r,.:,,, letler a typographical error was made in the federal dollar amount far the ~:,,~,~,,q,~,,~ j,,h,.,.:,,., :..~., vi,.,.,'~,::,,,,,,.,~ Palm Beach County Sheriff's Office. M~lti-Narcotics Task Force. The ¢orreel figure is $~25.707. I have attached a correeled v~:rsion or'the prior letter as well as a corrected sample letter for your use. l am so~Ty I'or this inconvenience. As you are awa~¢, due to the al:)plicatiotl de, adliIle, this letter must be received al tile Criminal Justice Commission offices, no later than ]~lay 6, 1997. Executive Director ~. ~:,~,,,:, ~'.,,,,,,,.~h.~,~ Please send the letter to: Criminal Justice Commission ATTH: [,i~a Diamond 301 iq. Olive Avenue, Suite 100l West Palm Beach, FL 33401-4705 If you would like an explanation of these programs or have any questions, please contact me at 355-2314. Your immediate attention to this matter is greatly appreciated. i. nc~rely, ~ L. Diana Cu~ing~ ~ 0 5 /" 01/ .[ '3 '_q 7 12::-12 q~7-~55-4'~4i PBC CRIM JUST COMM PA,_BE 02 PLEASE DISREGARD PRIOR LETTER DISTRIBUTED VIA FAX DATED APRIL 28, 1997 May I. 1997 -"~"~~~// ~' '~.'5- ''%~ To all Palm Beach County Mayors: .:..,~i( ~' The Criminal Justice Commission serving as the Substance Abuse Advisnry Board sc.ks your approval in the allocation of FY98 Anti Drug Abuse Act Grant (Edward Ilyrne} Funds. The total FY98 allocation to Palm B~aeh County is $694.332. For thc third year. ~,, ~ .... ~,~,, ..~,..,,,... :~,~. ~,~o~ the Criminal Justice Co,nmission issu~ a request for proposals (RFP) to fired programs w .... ~.:,~,. l,~..,~l,, l:;.-,~..,, .~7,:~ within local units of government. A total of seven (7) proposals were received I. hl.s yeac. ~":'~' "~'~' "'."~ The Full Criminal Justice Commission recommends that the thnding be allocated as ~:,~ , ,,,~ ,,~:,:'~ 4,,4t SUBG~NTEE TITLE OF P~O~CT DOLLAR XMOUNT Palm B~ch CounW'" Multi Agency Narcotics $52g.707 ~ Sheri~s Office Task Force (MAN [Init) City of Wes~ Palm Beach Responding Against $70.000 Pahn Beach County Victim Special Options Toward' Pahn Beach CounW School Criminal Justice Programs at $22.000 District Lake Woah and Glades ~ti~e niece,or Central Communi~ High Schools Commission The Florida Department of Community Affaim r~uires that 5 per cent of~hc h,cal of government representing 51 per cent of the county's population agree on allocation of these funds. If you approve the all.etlon ~ set tboh above, please prepare a letter stating your approval. A sample leRer has been provided lbr your usc. Due to the application deadline, this letter must be received at th~ Criminal Justice Commission o~ces, no later than May 6, 1997. Please send th~ letter Criminal Justice Commission A~N: Lisa Diamond 301 N. Olive Avenue, Suite 1001 West Palm Beach, FL 33401z4705 If you would like an explanation or.ese programs or have any questions, please Diana Cunningham at 355-4943. Your immediate a~ention to this ma~er is gruatly apprec iated. Sincerely, Max Davis. Chairman xc: Doug Duncan, Chair. Anti Drug Abuse Act Grant Coordinating Commiuee [.23(',.,' pr~tod on ~cvc~o~ pap~c CITY OF DELRI:IV BEI:ICK DELRAY BEACH , ~ o , , O ^ 100 N.W. 15t AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243.7000 AIl.imeri~....~Cit Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Wilder: In compliance with the State of Florida Rule Chapter 9G-16.003(4) (d), the City of Delray Beach approves the distribution of $694,332 of the State Fiscal Year of 1998 federally funded Dru~ Control and System Improvement (DCSI) Formula Grant Program (aka The Edward Byrne Memorial State and Local Assistance Pro,ram or the Anti-Dru~ Abuse Act Grant) funds for the followin~ projects within Palm Beach County: DOLLAR AMOUNT SUBGRANTEE TITLE OF PROJECT (FEDERAL FUNDS) Palm Beach County Multi A~ency Narcotics Sheriff's Office Task Force (MAN Unit) $528,707 City of West Responding Against Palm Beach Delinquency and Recidivism (RADAR) $ 70,000 Palm Beach County Special Options Toward Victim Services Achieving Recovery (SOAR) $ 60,500 Palm Beach County Criminal Justice Pro,rams School District at Lake Worth and Glades Central Community High Schools $ 22,000 Criminal Justice Dru~ Control Commission Administration $ 13,125 I understand that each of these pro~rams will be required to provide their own 25 percent cash match. Sincerely, Jay Alperin Mayor THE ~:FFORT ALWAYS MATTERS Pnnted on Recycled Paper MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITYMANAGER~// SUBJECT: AGENDA ITEM # ?~- - MEETING OF MAY 6, 1997 DISTRIBUTION OF FY 1998 ANTI-DRUG ABUSE ACT GRANT FUNDS DATE: MAY 2, 1997 This is before the Commission to approve the distribution of FY 1998 Anti-Drug Abuse Act Grant funds Palm Beach County's allocation is $694,332. The Criminal Justice Commission Executive Committee recommends that the funds be distributed as follows: Palm Beach County Sheriff's Office 7o7 Multi Agency Narcotics Task Force $528,Z~3~9 (MAN Unit) City of West Palm Beach Responding Against Delinquency and $ 70,000 Recidivism (RADAR) Palm Beach County Victim Services Special Options Toward Achieving Recovery $ 60,500 (soAR) Palm Beach County School District Criminal Justice Programs at Lake Worth and $ 22,000 Glades Central Community High Schools Criminal Justice Commission Drug Control Administration $ 13,125 The Florida Department of Community Affairs requires that 51 percent of the local units of government representing 51% of the county's population agree on the allocation of these funds. Major Schroeder has reviewed the Criminal Justice Commission Executive Committee's proposed funding allocation and he has no reason to disagree with their recommendation. Recommend approval of the distribution of FY 1998 Anti-Drug Abuse Act Grant funds, and authorize sending the attached letter agreeing to the allocation of these funds. 05×~)1/97 15:S8 ~1'561 243 7816 DELRAY BEACH PD --- CITY CLERK ~0~:)1/0~!)1 °~/ox/~? TAU le:~? FaT. ~1 ~4~ ~'~4 ¢~T~ CLE]~ ~OOX I:IT¥ I:IF DELRI:I¥ BEI:I£H CITY CLERK ,~-.~.,,~,~, ·~,,~,,,~..~o,,o~,.::: ~P~X co'r~l~ Sm~'l~ ~ ~AX ~7/,~1~. (561) 243-3774 TOTAL ~O CITY ~ FRO~ ~ CIT~ OF BI,ACH ,/~ / / ~o, MESSAG~: , IF YOU DO ~OT P~G~IVE ALL TH~ P&GB~, pL~E CALL AS ~OON AS PO$.qI~L~ AND ASK FOR TH~ SENDER NO~ED ABOVE. Criminal Justice commission April 28, 1997 ~x',7s, Palm I*,:acl,. i'l. sZ~,~l-. VD: To all Palm B~ach County Mayo~: .~' I '~ ' Th~ Criminal Justice Commission se~ing ~ ~ Substance Abuse Adviso~ Board seeks your approval in the allocation of FY9S Anti Drug Abuse Act Grant (Edward Byme) '"~ ':"'~' zr~:' ;'"~ Funds. The total FY98 all~tion ~ Palm. Beach-Coun~ is:$6~4,33~. For the third year, ~c,.,,,~,~,,..:,~;,:',, ~.,:,h,, ~:,..~ch ~ ,s thc Crhninal Justice Commission issu~ a ~quest for proposals (RFP) to tbnd programs within local units of government. A total of seven (T) p~posals were received this year. The Full Criminal Justice Commission recommends ~at the funding be allocated as g tbllows: - S~G~TEE" TITLE O~ PR~CT DOLL~ ~OUNT Palm Beach County Multi Agency N~cotics $5~8>236' t;, ,-:~,,. c ,:r~..,,...>,..,..,:,,~, Slmri~s O~ce Task Force (~ Unit) F, hD [{ iow;iH 1 r~.-y,,ict'r Ci~ of West Palm Beach Responding Agaimt $70,000 Delinquency and Recidivism E~ecutiv* Director (~DAR) _, Pai~ B~ch C~un~ Victi~ Special Options Toward Se~ices Achieving R~ove~ (SOAR) Pal~ BeaCh C~un~ School Criminal Justice P~s at $~2,000 District Lake Wo~h ~d Glades Central Communi~ Hi~ Schools Criminal J°st~ce - D~g Consol Administr~ti0n $13,125 Commission ~e Florida Depa~ent of Community Affai~ requires that 51 per cent of the local of government representing 51 per cent of ~e count's ~pulntion agree on the allocation of these funds. Ifyou app~ve the nll~tion as s~ fo~h above, please prepare a letter stating your approval. A sample le~er has ~en provided for your use. Due to the application deadline, this le~er mu~ ~ received at the Criminal Justice Commission offices, no later than May 6, 1~. 14: -,--~"~ 487-3~5-4q41_ - PBC CRIM ,JUST COMM F'A~3F' 02 Please send the letter to: Criminal Justice Commission ATTN: Lisa Dtamond 301 N. Olive Avenue, Suite 1001 West Palm Beach, FL 33401-4705 If you would like an explanation'.of these :progtan~.er. ha~e any~qu~tioas, please' c. onmct.- ..' Diana Cunningham at 355-4943. Your immediate attention to this mat~er is greatly appreciated. . ...... Sincerely, -" Max Davis, Chairman xc: Doug Duncan, Chair, Anti Drug Abuse Act Grant Coordinating Committee CITY DF DELRI:IY BEI:I£# DELRAY BEtH 100 N.W. 1st AVENUE · DEL~AY BEACH, FLORIDA 33444 · 40?/243-7000 ]993Mr. Clayton Wilder Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Wilder: In compliance with the State of Florida Rule Chapter 9G-16.003(4) (d), the City of Delray Beach approves the distribution of $694,332 of the State Fiscal Year of 1998 federally funded Dru~ Control and System Improvement (DCSI) Formula Grant Program (aka The Edward Byrne Memorial State and Local Assistance Pro~ram or the Anti-Drug Abuse Act Grant) funds for the followin~ projects within Palm Beach County: DOLLAR AMOUNT SUBGRANTEE TITLE OF PROJECT (FEDERAL FUNDS) Palm Beach County Multi A~ency Narcotics Sheriff's Office Task Force (MAN Unit) $528,707 City of West Respondin~ A~ainst Palm Beach Delinquency and Recidivism (RADAR) $ 70,000 Palm Beach County Special Options Toward Victim Services Achievin9 Recovery (SOAR) $ 60,500 Palm Beach County Criminal Justice Programs School District at Lake Worth and Glades Central Community High Schools $ 22,000 Criminal Justice Dru9 Control Commission Administration $ 13,125 I understand that each of these pro~rams will be required to provide their own 25 percent cash match. Sincer~y, ~/~ THE EFFORT ALWAYS MATTERS Printed on Rec~led Paper 05 07/97 WED 11:49 FAX 561 243 3774 · CITY CLERK ~()01 · ** TX REPORT *** TRANSMISSION OK TX/RX NO 0325 CONNECTION TEL 915613554941 CONNECTION ID ST. TIME 05/07 11:48 USAGE T 01'02 PGS. SENT 2 RESULT OK I:IT¥ OF IIELRrI¥ BEI:ICH ~ ~ 1993 PHONE NO. SENDER TO: NAME: FROM: CITY OF DELRAY BEAC~ MESSAGE: YOUR RETURN MESSAGE IF NEEDED: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~G - MEETING OF MAY 6, 1997 BID AWARD/PIFER, INC. DATE: MAY 2, 1997 This is before the Commission to consider a bid award in the amount of $34,674 to Pifer, Inc., second low responsive bidder, for the purchase of a heavy duty industrial sweeper and transport trailer for the Public Works Division. The Deputy Director of Public Works has reviewed the bids and recommends award to Pifer, Inc. based on equipment demonstrations and a comparative analysis of sweeper operations. Funding is available from Garage Vehicle Replacement (Account No. 501-3312- 591-64.20). Recommend approval of the bid award to Pifer, Inc. as the second low responsive bidder. Agenda Item No.: ~ AGENDA REQUEST Request to be placed on: Date: April 28, 1997 _XX_~ Agenda __Special Agenda __Workshop Agenda When: May 6, 1997 Description of agenda item (who, what, where, how much): Bid Award - Bid #97-22 Pifer, Inc., second low bidder for the purchase of one (1) heavy duty industrial sweeper and transport trailer at a total cost of $34,674.00. ORDINANCE/RESOLUTION REQUIRED: YES~ Draft Attached: YES~ Recommendation: Award to Pifer, Inc., for the purchase of one (1) heavy duty industrial sweeper and transport trailer at a total cost of $34,674.00. Funding from account #501-3312- 591-64.20. Department Head Signa~e.'~~--~~~_ ~ _ ~. ,A.~o.~/ J Determination of Consistency wi~omprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ Funding alternatives: (if applicable) Account No. & Description: '"~O1-:b~}T -~-~:~ I. {~q-gO ~-o~,/~ Account Balance: ~?6[cI,~'~l City Manager Review: Approved for agenda: ~0 ~",A./'I Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor~ THROUGH: Joseph S ce Director DATE: April 28, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MAY 06, 1997 BID AWARD - BID #97-22 HEAVY DUTY INDUSTRIAL SWEEPER AND TRANSPORT TRAILER Item Before Commission: The City Commission is requested to approve the purchase of one (1) heavy duty industrial sweeper and transport trailer to Pifer, Inc., at a total cost of $34,674. Back~round: Bids were received on April 10, 1997, from two (2) vendors all in accordance with City purchasing procedures. (Bid #97-22. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Deputy Director of Public Works has reviewed the bids, and recommends award to second low responsive bidder, Pifer, Inc. This recommendation is based on equipment demonstrations and a comparative analysis of sweeper operations. See attached memo dated April 15, 1997. Recommendation: Staff recommends award to second low responsive bidder, Pifer, Inc. at total cost of $34,674. Funding from account #501-3312-591-64.20. Attachments: Tabulation Of Bids Recommendation Memo From Deputy Director Public Works cc: Joseph Safford, Director Of Finance Hoyt Owens, Deputy Director Public Works CITY OF DELRAY BEACH TABULATION OF BIDS BID #97-22 HEAVY DLVi"f INDUSTRIAL SWEEPER /LND TRANSPORT TRAILER APRIL 10, 1997 ITEM DESCRIPTION # Tennant Company Pifer, Inc. 1. (1) HEAVY DU~f INDUSTRIAL SWEEPER $ 21,646.19 $ 29,877.00 (LIQUID COOLED G~OLINE ELECTRIC Tennant Model 385 Gas AAR Powerboss START Sweeper SW/9XV Armadillo - Gas M~KE/MODEL ~ i(A)'ALTERNATE BID (1) INDUSTRIAL $ 22,515.06 $ 31,310.00 SWEEPER - PROPANE FUEL MODIFIED Tennant 385 LP Sweeper AAR Powerboss SW/9XV ENGINE Fu~/iE/MODEL ~ Armadillo - LP 2. (1) TILT BED $ 8,581.00 $ 3,364.00 SWEEPER TRAILER Crystal Welding TEUB 10-96 Crosley ME612 MAKE/MODEL # Trailer DELI~RY: Sweepers in 2 weeks After 30 days after Receipt Of Receipt Of Order Purchase Order Trailer in 6 weeks AR0 W~RRANTY: Model 385 - 48 months or 48 months or 1,800 hours 2800 hours - parts (whichever comes first) on 60 months or 3000 hours parts (except for normal wear Ford Engine parts i.e. tires, brushes) 6 months labor * and six months labor. * DEVIATIONS/ Trailer TEUB 10-96 is guar- * Five (5) years parts COMMEN~S: anteed against Manufacturer's warranty on gas engine, or defects for 1 year. alternate propane engine. Variances From Specifications Trailer Warranty - One (1) yr. listed for~sweeper ~ ~trailer. Additional Six (6) months Alternate Bids - labor warranty on Sweeper - #385 Gas Rider Sweeper - available for additional $21,646.19 + $925 Warranty $700.00 #385 LP Sweeper $22,515.06 + $925 Warranty #385 Gas Rider Sweeper $23,304.49 + $925 Warranty #385 LP Rider Sweeper $24,173.36 + $925 Warranty TEUB 10-96 Tilt Bed Transport Trailer $8,581.00 MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor THROUGH: Robert A. Barcinski, Assistant City Manager FROM: Hoyt Owens, Deputy Director of Public WorkslJ/~r] ~ JJ[ J DATE: April 15, 1997 SUBJECT: BID//97-22 HEAVY DUTY INDUSTRIAL SWEEPER WITH TRAILER Public Works Department has reviewed the above described bid documents. Both vendors provided demonstrations of their equipment prior to the bid opening. A comparative analysis is attached for your perusal. Although the Dvo units are similar in appearance and construction, there are several distinguishing factors, which are critical in choosing a sweeper that will operate in the downtown business district. Some of the factors are: dust control, ability to traverse varying elevations (particularly 6" curbs), load capacity Jlimited number of dumping sites), and ability fo pick-up varying types of debris, i.e., dirt, leaves, bottles, cans, sticks and rocks of varying size and weight. The Power boss unit is clearly superior in all of the above categories. We are recommending that we purchase the alternate fuel powered equipment to assist the City with meeting the Federal mandate for 30% of our fleet using alternate fuel by the year 2000+. Cost comparison: Tennant Company Pifer, Inc. Model #385 Model #SW/9XV with L.P. conversion $22,515.06 with propane onversion $31,310.00 Trailer - TEU B 10-96 8,581.00 Crosley ME612 3,364.00 Total Bid $31,096.06 $34,674.00 Dual element air filter 36.77 Three stage air filter - standard .... Sealed alternator 202.21 Sealed Marine Alternator- standard .... $31,335.04 $34,674.00 It is my recommendation to purchase the Power Boss sweeper and transport trailer from Pifer, Inc. at $34,674.00. Funding was approved in Fiscal Year 1996/97 budget at $35,000 in Account #501-3312-591-64.20. If you have any questions, please call. HO/sdl Attachments REF: HO/041597A.MEM BID #97-22 H.D. INDUSTRIAL SWEEPER WITH TRANSPORT TRAILER TENNANT COMPANY PIFER, INC. Model #385/gas AAR Power Boss delivery 2 weeks A.R.O. #SW/9XV Armadillo/gas delivery 30 days A.R.O. $21,646.19 $29,877.00 with L.P. conversion with Propane conversion $22,515.06 $30,310.00 Warranty 48 mos/2,800 hrs. - parts 48 mos/I,#00 hrs. - parts 60 mos/3,000 hrs. - engine 60 mos - engine 60 mos - labor 60 mos - labor Trailer TEUB I0-96 at 1 yr. warranty Crosley ME612 at 1 yr. warranty delivery 8 weeks A.R.O. delivery 30 days A.R.O. $8,581.00 $3,364.00 cleaning path 60" cleaning path 62" tubular main brush 45" tubular main brush 48" side broom 23" side broom 24" Weight: 3,675 lbs. 3,600 lbs. Filter: 74 S.F. with 3 micron filtration 120 S.F. with 5 micron filtration debris hopper at 10.5 C.F. usable debris hopper at 22 C.F. holds 1,200 lbs. 1 filter/1 shaker holds 1,500 lbs. 2 filters/2 shakers Rotary Trash Relocator - No. Rotary Trash Relocator - Yes. Dumping at 60" height Dumping at 64" height Frame clearance at 4" Frame clearance at 6" Speed: 0-2.5 reverse; 0-10 forward Speed: 0-4 reverse; 0-10 forward Fuel Capacity: 8 gallons L.P. (33 lb. tank) 8 gallons propane (33 lb. tank) 9.6 gallons gas 8 gallons gas Coverage rate per hour at 118,000 sq. ft. at Coverage rate per hour at 184,800 sq. ft. 5 m.p.h, with 6" overlap at 7.5 M.P.H. with 6" overlap. *adjusted at 5 m.p.h, is 123,200 sq. ft. Tires: front x 2 at 18" solid front x 2 at 23" pneumatic rear x 1 at 18.5" pneumatic rear x I at 21" pneumatic Noise at normal sweep 80 dBa Noise at normal sweep 85 dBa ,Dimensions: ~Length - 93" Length - 105.88" Width - 62.5" Width - 60" 'Height - 82" with guard 'Height - 81" with guard iSafety Certification: ISafety Certification: UL label, Type G, LP & D IuL label, Type G, LP & D I Add Options: Dual Element Air Filter - Optional 13 Phase Air Filter - Standard (mech. + 2 elements) Sealed Alternator - Optional [Sealed Marine Alternator - Standard REF: BID1 .XLS/sdl/4/17/97 SENT BY:,~.R POI~cP~SS, INC. ; 4-16-97 ; 13:23 ; AAR POIIERBO$S- 407 243 7314;# 1/ 1 RECE~VE~:, OAAR OW 9. O S, INC. a subsidiary of AAR Manufacturing Group, Inc. APR I 6 1997 PUBLIC WORKS City of Del Ray Beach April 16, 1097 Attn: Mr. H0yt Owen Reference: Bid 097-22-Heavy Duty Industrial Sweotx~ Bid Opening: 4/10/97 Fax #: 561-243-7314 Dear Mr. Owen, 1. '['he ground clearance of the frame on the PowerBoss SW/9XV sweeper is 6 inches. The ground cle. amnc~ coupled with the 23 inch tires give the sweeper the ability to climb standazd str~ cu~os. 2. The PowerBoss SW/9XV LPG is certified with the U.L. Label. 3. Thc hoppor volume, oxctuding tho dtmt filt~r compartment, is ratcd at 22 cubic feet. Tho hopper is al~ equipped with the RTR® hopper packing feature which allows PowcrBoss to hold a si~maiflcantly greater amount of trash th,m othor competitive sw~e~rs. (Engineering drawing to follow). Sincerely, Kevin Shcehan National Sales Manager ~~' Sweepers & 8cru~rs Andemon & Taylor Streets PO Box 1227 Aberdeen NC 28315-1227 USA Toll-free 1-800-982-7141 Toll-free fax 1-800-277-7141 Telephone 1-910-944-2105 Fax 1-910-944-319g In Canada, Toll-free t-800-501-3030 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ ×l SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF MAY 6, 1997 BID AWARD/CORPORATE EXPRESS OF THE SOUTH, INC. (ANNUAL CONTRACT FOR OFFICE SUPPLIES) DATE: MAY 2, 1997 This is before the Commission to consider approval of a bid award for office supplies to Corporate Express of The South, Inc., the second low responsive bidder, in the estimated annual amount of $18,669.07. Bids were received from seven vendors. The low bidder, BT Office Products International, withdrew its bid as it did not meet the specifications required in the bid package. Therefore, staff recommends award to the second low bidder. Recommend approval of the bid award for office supplies to Corporate Express of The South, Inc., second low responsive bidder. Funding will be from various departmental operating budgets. ref:agmemo7 Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: April 28, 1997 _XX_R~nflar Agenda __Special Agenda Workshop Agenda When: May 6, 1997 Description of agenda item (who, what, where, how much): Bid Award-Bid #97-18 Corporate Express of The South, Inc., second low bidder for an - Annual Contract - for office supplies at an estimated annual cost of $18,669.07. ORDINANCE/RESOLUTION REQUIRED: YES~ Dr~ Attached: YES~---'~ Recommendation: Award to Corporate Express of The South, Inc, an Annual Contract for office supplies, at an estimated annual cost of $18,669.07. Funding from various department's operating budget. ~- .... Department Head Signamr~ ~ . .~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternatives: (if applicable) Account No. & Description:~T~ ~0.-fv~cvl~t .-~c~4 v~c~¢0u~, ~. ~~ Account Balance: ~ · ~ City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~ THROUGH: Joseph Saf~ce Director DATE: April 28, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MAY 06, 1997 BID AWARD - #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT Item Before Commission: The City Commission is requested to approve the award for the purchase of office supplies to Corporate Express Of The South, Inc., at an estimated annual cost of $18,669.07. Back~round: The Purchasing Warehouse has a need for a annual contract for office supplies which are stocked in the Purchasing Warehouse. Bids were received on March 25, 1997, from seven (7) vendors all in accordance with City's purchasing procedures. (Bid #97-18 on file in the Purchase Office.) A tabulation of bids is attached for your review. The low bidder, BT Office Products International, has withdrawn their bid as their bid did not meet the specifications required in bid package. See attached letter dated April 10, 1997. Purchasing Division recommends award to second low bidder, Corporate Express Of The South, Inc., at an estimated annual cost of $18,669.07. Corporate Express has had the contract for these commodities for the last four (4) years and their response time and service is very good. Recommendation: Staff recommends award to second low bidder, Corporate Express Of The South, Inc., at an estimated annual cost of $18,669.07. Funding from the various department's operating budget. Attachments: Tabulation of Bids Letter From BT Office Products Interational Dated April 10, 1997 Office Products International South Florida Division April 10, 1997 City ofDelray Be~ch Purchasing Office 100 Northwest F:irst Avenue Delray Beach, FI, 33444 Attn: Jackie Dean Jackie, Thank you for th,, opportunity of responding to the recent bid request issued by the City of Dclray Beach. We certainly appreciate the privilege of participating in this process, and of our initial sele~:tion as yom office supply vendor Unfortunately, we must withdraw our bid offer. Due to ms-communication with out bid department, our proposal did not follow the specifications indicated in your b,d request I apologize for the inconvenience this has certainly caused you and your depart mem. In the future, please be assmed we will monitor all proposals for strict compliance ¥.ith yom requirements. Sincerely, Bill Koe~ner District Sales M~nager cc. Bill Moore, Account Executive BT Office Prodt~cts International, Inc. · 2t80 South Congress Avenue · West Palm Beac ~, Florida 33406 · (561 433-4'100 · }:ax (561) 433-51)15 , CITY OF DELRAY BEACH BID #97-t8 OFFICE SUPPLIES - ANNUAL CONTRACT March 28, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 1 6 285-060-00100 Fellowes each 6-Outlet Surge and Noise FEL 99012 Protector 5.38 each 7.09 each 7.34 each 8.49 each #SLW PM6SP3 32.28 42.54 44.04 50.94 2 10 310-006-00100 423-749 boxes Envelope Selfseal CO922 9 x 12 Kraft, 100/box 6.83 box 6.97 box 5.46 box 9.99 box #QUA 43567 68.30 69.70 54.60 99.90 3 2 310-006-00101 Quality Park 942-631 Quality Park 43862 boxes Envelope Selfseal QUA 37894 CO794 44.88 box/250 9-1/4 x 14-1/2 Kraft, 100/box 6.73 box 15.50 box 8.86 box 0.1795 ea #QUA 38294 13.46 31.00 17.72 35.90 4 12 310-006-00102 Quality Park 250-563 boxes Envelope Selfseal QUA 37798 CO927 10 x 13 Kraft, 100/box 7.35 box 12.45 box 5.90 box 14.38 box #QUA 38298 88.20 149.40 70.80 170.76 5 12 310-006-00200 Quality Park 942-565 boxes Envelope Clasp QUA 37855 CO755 6 x 9 Kraft, 100/box 3.73 box 4.56 box 4.27 box 6.99 box #QUA 37755 44.76 54.72 51.24 83.88 6 24 310-006-00201 Quality Park 942-615 boxes Envelope Clasp QUA 37890 CO790 ~9 x 12 Kraft, lO0/box 4.51 box 4.99 box 5.26 box 10.49 box #QUA 37790 108.24 119.76 126.24 251.76 7 20 310-006-00202 Quality Park 942-656 boxes Envelope Clasp QUA 37897 CO797 10 x 13 Kraft, 100/box 5.37 box 5.80 box 6.18 box 11.99 box I#QUA 37797 107.40 116.00 123.60 239.80 8 10 310-006-00203 Quality Park 942-664 boxes Envelope Clasp QUA 37898 CO798 10 x 15 Kraft, 100/box 6.98 box 6.81 box 7.16 box 14.29 box #QUA 37798 69.80 68.10 71.60 142.90 9 6 310-006-00204 942-680 boxes Envelope Clasp CO710 12 x 15-1/2 Kraft, lO0/box 8.33 box 7.72 box 8.43 box 14.90 box ~QUA 37810 49.98 46.32 50.58 89.40 10 12 310-030-00200 Quality Park 348-151 boxes Envelope Interdepartment QUA 63561 CO880 10 x 13, 100/box 10.22 box 11.25 box 9.70 box 25.35 box #QUA 63563 122.64 135.00 116.40 304.20 11 24 310-030-00300 348-201 boxes Envelope #10 White CO125 4-1/8 x 9-1/2, 500/box 4.87 box 5.00 box 4.05 box 9.99 box #QUA 90020 116.88 120.00 97.20 239.76 12 12 310-030-00305 348-219 boxes Envelope #10 White w/Window CO170 4-1/8 x 9-1/2, 500/box 8.57 box 11.25 box 6.47 box 21.64 box #QUA 90130 102.64 135.00 77.64 259.68 13 36 445-009-00500 550-467 Hunt/Xacto each Utility Knife HUNX3272 Retractable Blade 2.95 each 2.73 each 2.48 each 4.50 each #BOS 10099 106.20 98.28 89.28 162.00 Page 1 of 13 CITY OF DELRAY BEACH BID #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 14 12 610-007-00100 Nukote 483-859 boxes Carbon Paper NUK 01066 NUKNT401100 8-1/2 x 11, Blue, 100/box 8.91 box 10.75 box 4.25 box 10.99 box #NUK60101112 106.92 129.00 51.00 131.88 15 48 610-035-00100 BT Master Brand 101-964 each Ribbon Calculator Casio BTM 00418 #NUK BR 80C 0.68 each 0.69 each 0.84 each 0.79 each 32.64 33.12 30.72 37.92 16 5 =610-077-00140 Paper Mfg 672-543 rolls Plain Fax Paper for PMC 00022 (2.65 ea) BRT8895 Thermal Fax Machines 15.90 case of 6 3.10 roll 6.62 roll 4.99 roll Labelon R170 13.25 15.50 33.10 24.95 17 480 !615-003-00100 BT Master Brand 984-353 rolls !Calculator Paper, 2-1/4" BTM 00489 NCR845223 ,#TOP 7280 0.25 roll 0.24 roll 0.28 roll 0.30 roll 120.00 115.20 134.40 144.00 18 60 615-003-00100 BT Master Brand 392-324 rolls !Calculator Paper, 2-3/4" BTM 00491 NCR997029 !#AMP 27104 0.44 roll 0.51 roll 0.309 mil 0.89 roll 26.40 30.60 18.54 53.40 19 420 '615-005-00100 Avery 910-208 each Glue Sticks, 0.26 oz. AVE 00166 #DEN 00166 0.31 each 0.32 each 0.29 each 0.42 each 130.20 134.40 121.80 176.40 20 24 615-005-00200 3M each GlueWonder Bond, tube MMM 84690 #BOR E561 0.89 each 1.41 each 1.28 each 1.49 each 21.36 33.84 30.72 35.76 21 48 615-009-00100 Wilson Jones 930-743 each Binder 3-Ring WLJ 38312 1-inch Capacity, Dark Blue 2.08 each 2.90 each 2.80 each 5.25 each #WLJ 38414BL 99.84 139.20 134.40 252.00 22 120 615-009-00101 Wilson Jones 177-766 each Binder 3-Ring WLJ 36814 2-inch Capacity, Black 2.05 each 2.04 each 1.99 each 3.78 each #VVLJ 36844 NHB 246.00 244.80 238.80 453.60 23 108 615-009-00200 Wilson Jones 177-758 each Binder 3-Ring WLJ 36812 1-inch Capacity, Black 1.06 each 1.05 each 1.04 each 1.89 each #WLJ 36814 NHB 114.48 113.40 112.32 204.12 24 25 615-009-00300 Wilson Jones 917-112 each Binder Data WLJ 14117 14-7/8 x 11, Dark Blue 1.73 each 2.60 each 1.31 each 4.29 each #ACC 56073 43.25 65.00 32.75 107.25 25 12 615-009-00301 Wilson Jones 916-866 each Binder Data WLJ 14541 ACO 54052 8-1/2 x 11, Dark Blue 1.73 each 1.15 each 2.30 each 2.29 each #VVLJ C 149511 NB 20.76 13.80 27.60 27.48 26 216 615-015-00100 Tops 204-180 each Message Book Duplicate TOP 40070 ?-/page, Carbonless 3.30 each 3.19 each 2.53 each 4.19 each #TOP 4007 712.80 689.04 546.48 905.04 Page 2 of 13 CITY OF DELRAY BEACH BID #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 27 276 615-017-00100 BT Masier Brand 940-452 each Box Storage Liberty BTM 00020 24 x 5 x 10-1/4 2.79 each 4.50 each 4.52 each 6.19 each #FEL 12112 770.04 1242.00 1247.52 1708.44 28 168 615-017-00105 699-199 each Box Storage Bankers Box LettedLegal, 12 x 10 x 15 1.03 each 1.04 each 1.01 each 1.49 each #FEL 00703 173.04 174.72 169.68 250.32 29 108 615-019-00100 Keith Clark 458-695 each Calendar Refill KEI 10827 #KEI E71750 0.80 each 0.84 each 0.78 each 0.99 each 86.40 90.72 84.24 106.92 30 12 615-019-00101 Keith Clark 677-674 each Calendar Base KEI 10478 #KEI E1700 4.42 each 4.00 each 4.14 each 5.99 each 53.04 48.00 49.68 71.88 31 132 615-019-00200 Keith Clark Keith Clark 457-150 each Calendar Desk Pad, Monthly KEI 16267 SK 24B00 #KEI SK2400 1.54 each 1.50 each 1.44 each 2.19 each 203.28 198.00 190.08 289.08 32 12 615-025-00100 174-276 Service each Clipboard Legal Size STM 252-4 SER205 #OIC 83101 0.69 each 0.78 each 0.61 each 1.29 each 8.28 9.36 7.32 15.48 33 12 615-025-00101 991-992 Service each Clipboard Letter Size STM 251-4 SER204 #OIC 83100 0.65 each 0.66 each 0.57 each 1.09 each 7.80 7.92 6.84 13.08 34 672 615-029-00100 909-135 bottles Correction Fluid VVhite OD909135 #PAP 56401 0.75 bottle 0.77 bottle 0.29 bottle 0.79 bottle 504.00 517.44 194.88 530.88 35 24 615-029-00101 909-143 bottles Correction Fluid Buff OD909143 #PAP 56601 0.82 bottle 0.81 bottle 0.36 bottle 1.09 bottle 19.68 19.44 8.64 26.16 36 24 615-029-00102 909-184 bottles Correction Fluid Blue OD909184 !#PAP 57001 0.82 bottle 0.81 bottle 0.33 bottle 1.09 bottle 19.68 19.44 7.92 26.16 37 18 615-029-00103 909-192 bottles Correction Fluid Green OD909192 #PAP 57101 0.82 bottle · 0.81 bottle 0.34 bottle 1.09 bottle 14.76 14.58 6.12 19.62 38 6 $15-029-00104 909-168 bottles Correction Fluid Canary OD909168 #PAP 56801 0.82 bottle 0.81 bottle 0.33 bottle 1.09 bottle 4.92 4.86 1.98 6.54 39 6 615-029-00105 909-176 bottles Correction Fluid Pink OD909176 #PAP 56901 0.82 bottle 0.81 bottle 0.36 bottle 1.09 bottle 4.92 4.86 2.16 6.54 Page 3 of 13 CITY OF DELRAY BEACH BID #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 40 6 615-029-00106 990-036 bottles Correction Fluid Ledger Green OD909036 #PAP 56701 0.82 bottle 0.81 bottle 0.34 bottle 1.09 bottle 4.92 4.86 2.04 6.54 41 216 615-029-00108 909-234 bottles Correction Fluid Pen & Ink OD909234 #PAP 74701 0.78 bottle 0.81 bottle 0.29 bottle 0.99 bottle 168.48 174.96 62.64 213.84 42 132 615-029-00109 909-226 bottles Correction Fluid Just for Copies OD909226 #PAP 71001 0.78 bottle 0.81 bottle 0.29 bottle 0.99 bottle 102.96 106.92 38.28 130.68 43 100 615-031-00100 Amberg 433-599 each Cover Portfolio, Navy Blue AMI) 57738 OXF57772 w/Pocket, Duotang 0.30 each 0.50 each 0.295 each 0.50 each #DUO 5412823 30.00 * 50.00 29.50 50.00 44 12 615-031-00200 934-323 boxes Cover Report, Light Blue, 25/box 0.72 each #ACC 25972 18.75 box 18.75 box 18.00 box 32.25 box 225.00 225.00 216.00 387.00 45 6 615-035-00101 Oxford 990-721 pkg Index Cards 3 x 5 Ruled White OXF03104 #ESS 31 0.30 pack 0.28 pack 0.29 pack 0.59 pack 1.80 1.68 1.74 3.54 46 6 315-035-00102 Oxford 991-117 pkg Index Cards 4 x 6 Unruled White OXF04004 #ESS 40 0.55 pack 0.48 pack 0.53 pack 0.99 pack 3.30 2.88 3.18 5.94 47 12 615-035-00103 Oxford 990-986 pkg Index Cards 4 x 6 Ruled White OXF04104 #ESS 41 0.55 pack 0.88 pack 0.53 pack 0.99 pack 6.60 10.56 6.36 11.88 48 6 615-039-00100 Oxford 990-465 packs Tab 1/5 Cut Red 25/pk w/Blank OXF42011 #ESS 42RED 0.82 pack 0.85 pack 1.54 pack 2.59 pack 4.92 5.10 9.24 15.54 49 6 615-039-00101 Oxford 990-077 packs Tab 1/5 Cut Blue 25/pk w/Blank OXF42002 #ESS 42BLU 0.82 pack 0.85 pack 1.63 pack 2.59 pack 4.92 5.10 9.78 15.54 50 6 615-039-00102 Oxford 990-333 packs Tab 1/5 Cut Pink 25/pk w/Blank OXF42019 #ESS 42PIN 0.82 pack 0.85 pack 1.63 pack 2.59 pack 4.92 5.10 9.78 15.54 51 6 615-039-00103 Oxford 990-598 packs Tab 1/5 Cut Yellow 25/pk w/Blank OXF42009 #ESS 42YEL 0.82 pack 0.85 pack 1.63 pack 2.59 pack 4.92 5.10 9.78 15.54 52 6 615-039-00104 Oxford 990-200 packs Tab 1/5 Cut Green 25/pk w/Blank OXF42025 #ESS 42GRE 0.82 pack 0,85 pack 1.63 pack 2.59 pack 4.92 5.10 9.78 15.54 Page 4 of 13 CITY OF DELRAY BEACH BID #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 53 6 § 15-039-00105 Oxford 939-058 packs Tab 1/5 Cut Orange 25/pk w/Blank OXF42010 #ESS 42ORA 0.82 pack 0.85 pack 1.63 pack 2.59 pack 4.92 5.10 9.78 15.54 54 24 615-039-00106 Oxford 345-926 packs Tab 1/3 Cut Clear 25/pk w/Blank OXF43200 OD345926 #ESS 4312 0.68 pack 0.78 pack 0.69 pack 2.29 pack 16.32 18.72 16.56 54.96 55 6 615-039-00107 Oxford 939-066 packs Tab 1/5 Cut Violet 25/pk w/Blank OXF42035 #ESS 42VIO 0.82 pack 0.85 pack 1.63 pack 2.59 pack 4.92 5.10 9.78 15.54 56 84 615-041-00100 Oxford 957-084 boxes Folders File Pocket/Jacket OXF23150 1-1/2" Expansion Manila Legal 11.67 box 10.00 box 10.50 box 15.49 box #SMD 24945 (50/box) 980.28 840.00 882.00 1301.16 57 6 615-O41-00101 Oxford 957-043 boxes Folders File Pocket/Jacket OXF22150 1-1/2" Expansion Manila Letter 9.79 box 9.10 box 9.50 box 15.09 box #SMD 24915 (50/box) 58.74 54.60 57.00 90.54 58 2 615-041-00110 Oxford 937-268 boxes Folders File Pocket Legal OXF15365 5-1/4" Expansion Manila, 10/box 6.50 box 6.10 box 9.50 box 10.90 box #SMD 1536G 13.00 12.20 19.00 21.80 59 13 615-043-00100 Oxford 938-613 boxes Hanging Folder Letter OXF42117 w/o Tab Pendaflex, 25/box 6.62 box 6.40 box 6.07 box 8.85 box #ESS 4152 86.06 83.20 78.91 115.05 60 5 615-043-00101 Oxford 990-580 boxes Hanging Folder Letter, 2" Capacity OXF47217 Pendaflex Recycled, 25/box 10.77 box 7.39 box 3.31 box 11.70 box #-SMD 10HX2 53.85 36.95 16.55 58.50 61 13 615-043-00200 Oxford 990-713 boxes Hanging Folder Legal, 2" Box OXF48217 SMD 20H 2" Bottom Pendaflex, 25/box 12.52 box 11.85 box 4.36 box 16.78 box #SMD 4153X2 162.76 154.05 56.68 218.14 62 84 615-043-00201 Oxford 938-670 boxes Hanging Folder Legal OXF43117 w/o Tab Pendaflex, 25/box 8.00 box 7.70 box 7.37 box 10.95 box #ESS 4153 672.00 646.80 619.08 919.80 63 12 615-045-00100 Oxford 316-232 boxes File Folder Manila Letter OXF7220 1/2 cut, 100/box 4.42 box 4.75 box 4.31 box 7.75 box #SMD 152L 53.04 57.00 51.72 93.00 64 60 615-045-00101 Oxford 315-515 boxes File Folder Manila Letter OXF72320 1/3 cut, 100/box 4.25 box 4.50 box 4.10 box 5.19 box #SMD 153L 255.00 270.00 246.00 311.40 65 6 615-045-00102 Oxford 316-356 boxes File Folder Mani!a Letter OXF72520 1/5 cut, 100/box 4.46 box 4.75 box 4.31 box 6.85 box #SMD 155L 26.76 28.50 25.86 41.10 Page 5 of 13 CITY OF DELRAY BEACH BID #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 66 50 615-045-00103 Oxford 315-630 boxes File Folder Manila Legal OXF73320 1/3 cut, 100/box 5.45 box 5.50 box 5.30 box 7.49 box #SMD 153C 272.50 275.00 265.00 374.50 67 5 615-045-00104 Oxford 314-088 boxes File Folder Manila Legal OXF73520 1/5 cut, 100/box 5.72 box 5.75 box 5.51 box 7.99 box #SMD 155C 28.60 28.75 27.55 39.95 68 24 615-045-00110 998-500 boxes File Folder Kraft Legal Double 2K2-150C-13 Strength Tabs w/2" Cap. Fasteners 12.28 box 11.00 box 11.45 box 14.45 box #SMD 19837 (50/box) 294.72 264.00 274.80 346.80 69 35 615-045-00115 998-464 boxes File Folder Kraft Letter Double 2K2-150L-13 Strength Tabs w/2" Cap. Fasteners 11.22 box 10.00 box 10.31 box 13.47 box #SMD 14837 (50/box) 392.70 350.00 360.85 471.45 70 6 615-046-00100 Office Mate 405-811 Universal sets Hanging Folder Frames Letter Size OIC91991 OXF94422 UNV17000 #OIC 98620 1.46 set 0.89 set 0.96 set 1.79 set 8.76 5.34 5.76 10.74 71 4 615-046-00101 Office Mate 405-083 Universal sets Hanging Folder Frames Legal Size OIC91992 OXF94432 UNV18000 #OIC 98621 1.57 set 0.96 set 3.70 set 1.99 set 6.28 3.84 14.80 7.96 72 3 615-048-00100 Oxford 935-809 boxes Tab Top Pressboard Folder OXF96003 Legal Size, 1" Expansion, 25/box 14.50 box 14.79 box 18.86 box 22.16 box ~kSMD 503 43.50 44.37 56.58 66.48 73 4 615-048-00101 Oxford 935-791 boxes Tab Top Pressboard Folder OXF94003 Letter Size, 1" Expansion, 25/box 11.00 box 11.49 box 15.71 box 17.40 box #SMD 403 44.00 45.96 62.84 69.60 74 204 .615-049-00101 BT Master Brand 653-444 sets Index Reinforced Insertable Dividers BTM00264 8 Tab Assorted, 11 x 8-1/2 0.29 set 0.62 set 0.62 set 0.98 set #AVE CI2138 59.16 126.48 126.48 199.92 75 15 615-049-00110 BT Master Brand 933-432 sets Gold Line Black Leather Tabs BTM00575 AVY 25-187 Letter 1 - 31 1.80 set 3.20 set 4.00 set 5.19 set #AVE L21331 27.00 48.00 60.00 77.85 76 24 615-049-00201 Oxford 991-109 packs Pendaflex Plastic Tabs Clear OXF42000 1/5 Cut, 2", 25/pack 0.69 pack 0.75 pack 1.35 pack 1.95 pack #ESS 42 16.56 18.00 32.40 46.80 77 6 615-051-00100 Avery 112-755 packs Label Avery AVE05444 4 x 2 White, 120/pack 1.94 pack 0.95 pack 1.89 pack 2.79 pack ~AVE S6432 11.64 5.70 11.34 16.74 78 5 615-051-00102 111-167 boxes Label Avery Address I x 2-3/4 White, 3300/box 15.81 box 8.00 box i5.37 box 18.25 box #AVE 05351 79.05 40.00 76.85 91.25 Page 6 of 13 CITY OF DELRAY BEACH BID #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 79 25 615-051-00103 947-887 boxes Label Shipping 0.42 each 5-1/2 x 3 Blue/White, 12/box 1.35 box 15.00 box 1.05 box/25 17.40 box #DEN 33735 33.75 375.00 12.60 435.00 80 12 615-051-00200 BT Master Brand 112-300 packs Label File Folder Blue Edge BTM00052 Self Adhesive, 248/pack 0.60 pack 0.70 pack 1.29 pack 1.89 pack #AVEE FF3DB 7.20 8.40 15.48 22.68 81 12 615-051-00201 BT Master Brand 112-326 packs Label File Folder Green Edge BTM00455 Self Adhesive, 248/pack 0.60 pack 0.70 pack 1.29 pack 1.89 pack #AVEE FF3G 7.20 8.40 15.48 22.68 82 6 615-051-00202 BT Master Brand 112-318 packs Label File Folder Red Edge BTM00459 Self Adhesive, 248/pack 0.60 pack 0.70 pack 1.29 pack 1.89 pack #AVEE FF3DR 3.60 4.20 7.74 11.34 83 12 615-051-00203 BT Master Brand 112-391 packs Label File Folder White Edge BTM00461 Self Adhesive, 248/pack 0.60 pack 0.70 pack 1.29 pack 1.89 pack #AVEE FF3W 7.20 8.40 15.48 22.68 84 6 615-051-00200 BT Master Brand 112-409 packs Label File Folder Yellow Edge BTM00062 Self Adhesive, 248/pack 0.60 pack 0.70 pack 1.29 pack 1.89 pack #AVEE FF3Y 3.60 4.20 7.74 11.34 85 12 615-053-00100 313-692 each Letter Opener 9" Bent Handle ROG03008 #OIC 94909 0.26 each 0.28 each 0.34 each 0.49 each 3.12 3.36 4.08 5.88 86 6 615-058-00100 Tops 308-106 Universal packs White Memo Paper, 3 x 5 TOP78501 AMPAD23-343 UNV35500 500/pack 0.51 pack ** 1.22 pack 1.31 pack 2.39 pack #TOP 7860 7.65 7.32 7.86 14.34 87 6 615-058-00101 Tops 524-447 packs White Memo Paper Refill, 5 x 8 TOP78621 OD10407 500/pack 2.68 pack ** 3.55 pack 1.74 pack 3.79 pack #UNV 58500 15.00 21.30 10.45 22.74 88 10 615-058-00102 Tops 308-221 Universal packs White Memo Paper, 4 x 6 TOP78511 AMP23-344 UNV46500 500/pack 0.76 pack ** 1.70 pack 1.88 pack 2.79 pack #TOP 7861 19.00 17.00 18.80 27.90 89 10 615-060-00100 458-547 each !Tacky-Finger Moistener, 1 oz. LEE10053 #LEE 10400 0.73 each 0.93 each 1.24 pacid3 0.89 each 7.30 9.30 4.13 8.90 90 10 $15-060-00200 964-460 each Rubber Finger Tips #14 ~L.SWI 54014 0.06 each *** 0.10 each 0.575 each 0.12 each 0.60 1.00 0.58 1.20 91 12 B15-060-00300 Avery 113-167 packs Self Adhesive Reinforcements AVE05729 200/pack 0.63 pack 0.40 pack 0.61 pack 0.69 pack ~AVE ETD909 7.56 4.80 7.32 8.28 Page 7 of 13 CITY OF DELRAY BEACH BID #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 92 396 615-062-00100 BT Master Brand 984-419 Universal each Steno Pads Gregg, 6 x 9 BTM00293 AMP 25-274 UNV76620 ,#TOP 8001 0.45 each 0.47 each 0.76 each 0.79 each 178.20 186.12 300.96 312.84 93 36 615-062-O0101 MMM 172-577 packs Pads Post-It, 2 x 3, 12/pack MMM66423 #MMM 6569YW 2.33 pack 2.28 pack 4.79 pack 3.69 pack 83.88 82.08 172.44 132.84 94 84 615-062-00102 MMM 368-738 packs Pads Post-It, 3 x 3, 12/pack MMM66348 #MMM 6549YW 2.98 pack 2.88 pack 2.90 pack 4.68 pack 250.32 241.92 243.60 393.12 95 60 615-062-00103 MMM 368-746 packs Pads Post-It, 3 x 5, 12/pack MMM66349 #MMM 6559YW 3.88 pack 3.62 pack 3.78 pack 5.88 pack 232.80 217.20 226.80 352.80 96 48 815-062-00104 MMM 172-460 packs Pads Post-It, 1-1/2 x 2, 12/pack MMM00325 #MMM 6593YW 1.25 pack 1.20 pack 2.76 pack 1.94 pack 60.00 57.60 132.48 93.12 97 24 615-062-00105 MMM 941-724 packs Pads Post-it MMM70644 Routing Request, 4/pack 2.07 pack 2.01 pack 1.87 pack 2.77 pack #MMM 76644 49.68 48.24 44.88 66.48 98 12 615-062-00106 BT Master Brand each Steno Note Pad 4 x 8 BTM00293 Wide Ruled, 70 sheets 0.45 each 0.90 each 0.82 each 0.95 each #AMP 25281 5.40 10.80 9.84 11.40 99 36 615-062-00200 BT Master Brand 942-342 dozen Scratch Pad Recycled 4 x 6 BTM00286 White, 100 sheets 2.45 dozen 2.99 dozen 2.97 dozen 4.19 dozen #AMP 21731 88.20 107.64 106.92 150.84 100 5 615-062-00201 BT Master Brand 942-359 dozen Scratch Pad Recycled 5 x 8 BTM00287 White, 100 sheets 3.79 dozen 4.99 dozen 5.11 dozen 7.39 dozen #AMP 21732 18.95 24.95 25.55 36.95 101 12 615-062-00300 539-296 each Notebook Narrow Ruled Mead 06627 8-1/2 x 11, Spiral 1.28 each 1.23 each 0.796667 each 2.65 each #DEN 33008 15.36 14.76 9.56 31.80 102 2000 615-062-00504 BT Master Brand 524-785 Universal each Pad Letter Ruled White BTM00276 OD99416 UNV20630 #AMP 20360 0.39 each 0.41 each 0.43 each 0.49 each 780.00 820.00 860.00 980.00 103 5 615-062-00600 Wilson Jones Wilson Jones each Pad Analysis 10 Column WLJ77610 WLJG-7110 8-1/2 x 14, Green 1.73 each 2.45 each 2.28 each 2.95 each #DEN 45110 8.65 12.25 11.40 14.75 104 96 615-062-00700 MMM 307-264 MMM packs Pad Message '~A/hile You MMM70643 ADM9711D MMM7662 Were Out", 12/pack 2.07 pack/4 6.70 pack 1.12 pack 8.61 pack #AMP 44020 596.16 643.20 107.52 826.56 Page 8 of 13 CITY OF DELRAY BEACH BID #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 105 6 615-065.00100 908-764 each Adjustable Two-Three Hole Punch, Black 10.80 each 10.02 each 10.41 each 14.99 each #ACC 74023 64.80 60.12 62.46 89.94 106 744 615-069-00100 909-408 boxes Paper Clips #1 Size, 100/box #ACC 72360 0.14 box 0.15 box 1.44 box 0.22 box 104.16 111.60 1071.36 163.68 107 384 615-069-00102 909-416 boxes Paper Clips Jumbo, 100/box #ACC 72500 0.52 box 0.53 box 5.17 box 0.69 box 199.68 203.52 1985.28 264.96 108 108 615-069-00200 BT Master Brand 808-857 dozen Clip Binder 3/8" BTM00251 #ACC 72020 0.21 dozen 0.25 dozen 0.21 dozen 0.39 dozen 22.68 27.00 22.68 42.12 109 84 615-069-00201 BT Master Brand 808-865 dozen Clip Binder 5/8" BTM00252 #ACC 72050 0.48 dozen 0.51 dozen 0.51 dozen 0.75 dozen 40.32 42.84 42.84 63.00 110 24 515-069-00202 BT Master Brand 963-439 dozen Clip Binder 1" BTM00253 #ACC 72100 1.27 dozen 1.37 dozen 1.37 dozen 2.09 dozen 30.48 32.88 32.88 50.16 111 3 815-071-00100 936.559 boxes Prong Paper Fasteners 3-1/2" Capacity, 50/box 4.48 box 4.20 box 4.36 box 6.90 box #ACC 70324 13.44 12.60 13.08 20.70 112 24 615-071-00101 Acco 963-421 boxes Prong Paper Fasteners ACC12992 2" Capacity, 50/box 1.10 box 1.50 box 1.61 box 2.09 box #ACC 70022 26.40 36.00 38.64 50.16 113 8 815-071-00102 936-500 boxes Prong Paper Fasteners ACCO 70012 1" Capacity, 50/box 0.98 box 0.97 box 1.41 box 1.79 box #ACC 12990 7.84 7.76 11.28 14.32 114 35 615-073-00100 Eaton Paper 402-364 Eaton Park reams Typewriter Paper 25% Cotton EAP31220 SOU 403C EAP3122010 20~ Letter, 500 sheets per ream 7.88 ream 7.50 ream 8.31 ream 10.67 ream #KEI 3122010 275.80 262.50 290.85 373.45 115 12 615-075-00100 Office Mate 909-770 Universal bags Rubber Bands OIC84032 UNV00432 #32, 1/4 lb. bag 0.50 bag 0.35 bag 0.57 bag 0.69 bag flC~LL 26327 6.00 4.20 6.84 8.28 116 96 615-075-00200 583-864 Plymouth packs Rubber Bands Red Big Band PLY11297 Pack, 7 x 1/8" 0.56 pack 0.32 pack 0.34 pack 0.69 pack gALL 00700 53.76 30.72 32.64 66.24 117 12 615-078-00100 Acme 998-013 each Ruler Wooden Scaled to Sixteenth ACM05011 Brass Edge, 12" 0.49 each 0.42 each 0.41 each 0.79 each #ACMR 501 B12 5.88 5.04 4.92 9.48 Page 9 of 13 CITY OF DELRAY BEACH BID ~J7-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 118 48 615-079-00100 Office Mate 909-895 Universal each Scissors Lightweight OIC94280 92006 Straight Blade, 8" 0.78 each 0.63 each 0.63 each 1.79 each #ACM 125C8 37.44 30.24 30.24 85.92 119 5 615-080-00100 BT Master Brand 573-147 boxes :Poly-Vu Top Loading BTM000033 PVH119-50 iSheet Protectors, Clear, 50/box 3.48 box 2.99 box 6.88 box 4.19 box #AVE 74098 17.40 14.95 34.40 20.95 120 168 615-081-00100 BT Master Brand 320-960 boxes Staples Standard BTM00026 210 Staples / Stripe, 5000/box 0.46 box 0.45 box 0.42 box 0.59 box ~SWI 35108 77.28 75.60 70.56 99.12 121 24 615-081-00200 Swingline 908-269 each IStapler Swingline 747 SWI54501 iOpen Channel, Black 2.46 each 7.99 each 8.24 each 9.99 each ~SWI 74701 59.04 191.76 197.76 239.76 122 10 615-081-00201 Swingline 908-277 each Stapler Swingline 747 SWI74701 Open Channel, Beige 8.47 each 7.99 each 8.24 each 10.20 each #SWI 74702 84.70 79.90 82.40 102.00 123 36 615-081-00500 BT Master Brand 495-234 each Stapler Remover Black BTM00256 SW1179793 (brown) Pinch Type 0.21 each 0.22 each 0.20 each 0.39 each #OIC 95691 7.56 7.92 7.20 14.04 124 25 615-084-00200 Office Mate 495-333 Universal boxes Plastic Push Pins OIC92610 ACCO 72190^ 31309 Assorted, 100/box 0.54 box 0.53 box 0.60 box 1.19 box #LAB CPOA 13.50 13.25 15.00 29.75 125 12 615-088-00100 MMM 173-351 each Scotch Tape Desk Dispenser MMM66106 Puffy Color 1.41 each 1.41 each 1.38 each 1.79 each #M MM C38PY 16.92 16.92 16.56 21.48 126 12 620-020-00100 485-185 each Eraser Pink Pead 0.88 pack/3 Beveled Ends Large 0.29 each 0.29 each 0.2933 each 0.39 each #FAB 70521 3.48 3.48 3.52 4.68 127 24 620-020-O0101 310-003 dozen Chiseled Pencil Eraser FAB 70568 Fits Standard Pencil End 0.39 dozen 0.39 dozen 0.39 dozen 0.59 each #FAB 70569 9.36 9.36 9.36 14.16 128 10 620-O20-00102 Pentel 487-348 tubes Pentel Eraser Refill PEN00680 For Quicker Clicker, 5/tube 0.61 tube 0.59 tube 1.75 tube 0.79 tube #PEN PDE1 6.10 5.90 17.50 7.90 129 168 620-060-00100 BT Master Brand 929-638 boxes Pencil #2 Soft w/Eraser, 12/box BTM00044 #FAB 12132 0.52 box 0.65 box 0.58 box 0.79 box 87.36 109.20 97.44 132.72 130 10 620-060-00200 Pentel 929-497 tubes Lead Pentel Mechanical PEN00770 0.7MM H, 12/tube 0.37 tube 0.37 tube 0.36 tube 0.65 tube #PEN 50H 3.70 3.70 3.60 6.50 Page 10 of 13 CITY OF DELRAY BEACH BID #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty, INVENTORY NUMBER Products Express Depot Products 131 18 620-060-00201 Pentel 929-364 tubes Lead Pentel Mechanical PEN00736 0.5MM HB, 12/tube 0.37 tube 0.37 tube 0.35 tube 0.59 tube #PEN 505HB 6.66 6.66 6.30 10.62 132 24 620-060-00400 Pentel 928-713 each Pencil Quicker Clicker PEN04331 Pentel Black Barrel 0.5MM 0.54 each 1.72 each 1~70 each 2.79 each #PEN PD345A 12.96 41.28 40.80 66.96 133 12 620-060-00401 Pentel 928-762 each Pencil Quicker Clicker PEN05222 Pentel Blue Barrel 0.7MM 0.54 each 1.72 each 1.68 each 2.79 each #PEN PD347C 6.48 20.64 20.16 33.48 134 12 620-080-00100 Paper Mate 182-741 boxes Marker Pen PAP86311 PM64301DZ Hardhead Flair Black, 12/box 1.44 box 8.28 box 8.06 box 10.68 box #PAP 88301 17.28 99.36 96.72 128.16 135 10 620-080-00101 Paper Mate 182-733 boxes Marker Pen PAP86211 PM84201DZ Hardhead Flair Red, 12/box 1.44 box 8.28 box 8.06 box 10.68 box #PAP 88201 14.40 82.80 80.60 106.80 136 9 620-080-00102 Paper Mate 182-725 boxes Marker Pen PAP86111 PM84101DZ Hardhead Flair Blue, 12/box 1.44 box 8.28 box 8.06 box 10.68 box #PAP 88101 12.96 74.52 72.54 96.12 137 60 620-080-00200 181-594 boxes =en Ball Point Medium Black, 12/box 0.89 box 0.95 box 0.85 box 0.99 box #PAP 33311 53.40 57.00 51.00 59.40 138 12 620-080-00201 181-636 boxes Pen Ball Point Fine Black, 12/box 0.89 box 0.95 box 0.89 box 1.19 box #PAP 33811 10.68 11.40 10.68 14.28 139 108 620-080-00202 181-578 boxes Pen Ball Point Medium Blue, 12/box 0.89 box 0.95 box 0.88 box 1.09 box #PAP 33111 96.12 102.60 95.04 117.72 140 12 620-080-00203 181-610 boxes Pen Ball Point Fine Blue, 12/box 0.89 box 0.95 box 0.95 box 1.09 box #PAP 33611 10.68 11.40 11.40 13.08 141 6 620-080-00204 181-628 boxes Pen Ball Point Fine Red, 12/box 0.89 box 0.95 box 0.90 box 1.09 box #PAP 33711 5.34 5.70 5.40 6.54 142 6 620-080-00205 181-586 boxes Pen Ball Point Medium Red, 12/box 0.89 box 0.95 box 0.87 box 1.09 box #PAP 33211 5.34 5.70 5.22 6.64 143 60 620-080-00300 Paper Mate 149-757 boxes Uni-Ball Micro Pens PAP62601 Ultra Fine Blue, 12/box 3.00 box 6.72 box 6.67 box 6.99 box #FAB 60153 180.00 403.20 400.20 419.40 Page 11 of 13 CITY OF DELRAY BEACH BID #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 144 132 620-080-00301 Paper Mate 149-765 boxes Uni-Ball Micro Pens PAP62801 Ultra Fine Black, 12/box 3.00 box 6.72 box 6.71 6.99 box #FAB 60151 396.00 887.04 885.72 922.68 145 12 620-080-00302 Paper Mate 149-781 boxes Uni-Ball Micro Pens PAP62701 Ultra Fine Red, 12/box 3.00 box 6.72 box 6.67 box 6.99 box #FAB 60152 36.00 80.64 80.04 83.88 146 24 620-080-00303 Paper Mate 184-705 boxes Superball 0.2MM Roller Ball Pen PAP62801 Black, 12/box 3.00 box 4.80 box 4.66 box 7.08 box #PEN R204A 72.00 115.20 111.84 169.92 147 8 620-080-00500 924-308 boxes Pen Papermate Flexgdp Roller 0.55 each Red, 12/box 6.72 box 6.72 box 6.60 box 10.68 box #PAP 98201 53.76 53.76 52.80 85.44 148 192 620-080-00505 441-113 boxes Pen Papermate Flexgrip Roller Black, 12/box 6.72 box 6.72 box 6.55 box 9.48 box #PAP 98301 1290.24 1290.24 1257.60 1820.16 149 12 620-080-00520 925-081 boxes Retractable Ball Point Saga 0.54 each Med. Pt., Red, Rubberized Barrel 6.96 box 6.72 box 6.48 box 9.48 box #SAN 56002 (12/box) 83.52 80.64 77.76 113.76 150 12 620-080-00525 925-099 boxes Retractable Ball Point Saga 0.57 each Med. Pt., Blue, Rubberized Barrel 6.96 box 6.72 box 6.48 box 9.48 box #SAN 56003 (12/box) 83.52 80.64 82.08 113.76 151 12 620-080-00530 Sanford 927-277 boxes Permanent Marker Razor Point SAN35001 SAN 35001 0.4MM Fine Stroke Black, Pilot 5.76 box 7.08 box 0.46 each 10.19 box #PIL 44102 (12/box) 69.12 84.96 66.24 122.28 152 12 620-081-00100 680-710 each Cross Pen Refill or 680-702 Ball Point Blue and/or Black 1.41 each 1.40 each 2.30 each 1.59 each #CRO 8513 and ~:;RO 8511 16.92 16.80 27.60 19.08 153 48 620-088-00100 Paper Mate 926-220 each Highlighter Major Accent PAP20701 Pink, 12/box 0.19 each 0.35 each 0.29 each 0.49 each #SAN 25009 9.12 16.80 13.92 23.52 154 60 620-088-00101 Sanford 926-154 each Highlighter Major Accent SAN25006 AVY24-050 Orange, 12/box 0.34 each 0.35 each 0.30 each 0.49 each #SAN 25006 20.40 21.00 18.00 29.40 155 444 620-088-00102 Pal~er Mate 925-453 each Highlighter Major Accent PAP20601 Yellow, 12/box 0.19 each 0.35 each 0.30 each 0.39 each fl~SAN 25005 84.36 155.40 133.20 173.16 156 120 i620-088-00103 Paper Mate 926-253 each Highlighter Major Accent PAP20401 Green, 12/box 0.19 each 0.35 each 0.29 each 0.49 each #SAN 25026 22.80 42.00 34.80 58.80 Page 12 of 13 CITY OF DELRAY BEACH BID #97-18 OFFICE SUPPLIES - ANNUAL CONTRACT March 25, 1997 Est. BT Boca-Delray Annual Office Corporate Office Office ITEM # Qty. INVENTORY NUMBER Products Express Depot Products 157 36 620-088-00104 Paper Mate 926-238 each Highlighter Major Accent PAP20101 Blue, 12/box 0.19 each 0.35 each 0.28 each 0.49 each #SAN 25010 6.84 12.60 10.08 17.64 158 24 620-088-00202 203-349 boxes Marker Sharpie Permanent, 12/box #SAN 30001 5.76 box 5.88 box 5.58 box 6.80 box 138.24 141.12 133.92 163.20 159 624 832-020-00200 MMM 173-047 rolls Scotch Magic Tape, 3/4"x 1296" MMM07567 #MMM 81034X36 0.59 roll 1.29 roll 1.42 roll 1.69 roll 368.16 804.96 886.08 1054.56 160 72 832-020-00300 MMM 171-710 MMM rolls Tape Sealing, 2" x 800", Tan MMM14766 MMM143 #MMM 147 0.57 roll 1.49 roll 1.17 roll 1.69 roll 41.04 107.28 84.24 121.68 161 25 832-052-00100 MMM 998-062 rolls Tape Masking - Bulk, 1" x 60 yards MMM83433d MMM 234B-18 #MMM 2341 0.66 roll 2.13 roll 2.07 roll 3.20 roll 16.50 53.25 51.75 80.00 GRAND TOTAL BID PRICE: $15,834.80 $18,669.07 $19,837.61 $25,985.42 (Items 1 through 161) Note: Pricing Structure for all Non-Contract Items Itemized price list See itemized All non-contract 30-35% discount. (Cost Plus/Matrix Pricing) on Products Not Listed in submitted for pricing matrix items will be on Will quote Bid Form (Schedule of Pricing) with the Exceptions non-contract items for all items price plan 701-996. individual items of Electronics, O.E.M. Products, Furniture, etc. from B.T. Catalog. in catalog. See attachments, as needed. Excludes electronics computer supplies, & furniture. Discounl varies from 15% to 25% for these items. COMMENTS/EXCEPTIONS: * These are sold Note: Bids also received from Matrix Data, PRIDE by the box of Florida, and Apex Office Products, Inc. These bids are incomplete, as bidders did not ** Sold in packs bid on all items listed, of 200 *** Sold by the dozen Page 13 of 13 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGERf~q~ SUBJECT: AGENDA ITEM # ~ - MEETING OF MAY 6, 1997 CONTRACT ADDITION (C.O. #3)/MURRAY LOGAN CONSTRUCTION INC. DATE: MAY 2, 1997 This is before the Commission to consider approval of a contract addition (C.O. #3) via the Barrier Island Pump Station contract with Murray Logan Construction Company, Inc. for installation of storm drainage at Morikami Park in conjunction with well construction, and for equipment rental to remove sludge in clarifiers #2 & 3 at the Water Treatment Plant. The change order is a net add amount of $13,100.00. Funding in the amount of $11,500 is available from 1993 Revenue Bond - Morikami Wells (Account No. 440-5179-536-63.61) through budget transfer from Brandon Drive (Account No. 440-5179-536-69.12); and $1,600 from Water & Sewer Services - Other Contractual Services (Account No. 441-5122-536-34.90) through budget transfer from Water and Sewer Services - General Operating Supplies (Account No. 441-5122-536-52.20). Recommend approval of the contract addition (C.O. #3) to Murray Logan Construction Company. Agenda Item No. ~ AGENDA REQUEST Date: April 30, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 6, 1997 Description of item (who, what, where, how much): Staff requests Commission Approval of a Contract Addition for Murray Logan Construction contract for Barrier Island Pump Stations (PN 95-031) in the total amount of $13,100.00. The scope of work includes the installation of storm drainaqe at Morikami Park as part of the permit requirements with Palm Beach County. The drainage will serve to fill an existing lake at Morikami from an adjacent canal in case the lake level is lowered during well operation. Also included in this Contract Addition is sixteen hours of rental for crane with clambucket for sludge maintenance at Clarifiers No. 2 & 3 at the Water Treatment Plant for a total amount of $1,600.00 Funding is from 440-5179-536-63.61 (Morikami Park Drainage) for $$11,500.00; and 441-5122-536-34.9~ (WTP- Other Contracted Services) for $1,600.00. ~ ~ ORDINANCE/RESOLUTION REQUIRED: DRAFT ATTACHE Recoramendation: Staff recommends apD~v~l of contract addition for Murray Logan Construction. ~~._~ ~ Department head signature: f// / ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all item~ involving expenditure Funding available: /NO Funding alternatives (if applicable) Account No. & Description Account Balance ~O ~(2~ Manager Review' ~ ~f2~ City Approved for agenda: YES/NO ~% ~~~~. Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file: s: eng/eng/proj / 9531/official/agl105.doc. TO: David T. Harden City Manager FROM: Howard Wig~ Dep. Dir Co~lk~tion SUBJECT: BARRIER ISLAND PUMP STATIONS PN 95-031 DATE: April 30, 1997 Attached for Commission approval is an agenda request for a Contract Addition (C. O. #3) to Murray Logan Construction, Inc. for the above referenced Project. The amount of C. O. #3 is an add amount of $13,100 for the following items: 1) Installation of drainage for the Groundwater Maintenance Facilities at Morikami Park Raw Water Wells (Proj 94-01) for $11,500.00. This drainage is a permit requirement of Palm Beach County to provide a source of water inflow to the existing lake at the park from an adjacent drainage canal. The construction includes a control structure with sluice gate that can be opened to fill the lake if the water level is ever lowered due to the operation of the City's wells. The City is furnishing the materials for the Project which consists of 184 If of 36" Reinforced Concrete Pipe; 2 Headwalls; and 1 Drainage Control Structure. Logan will provide all other labor, equipment and dewatering to complete the installation. Funding Source is 440-5179-536-63.61 (Morikami Park Wells) for $11,500.00. 2) Equipment rental of Truck Crane with "clambucket" to remove sludge buildup in the bottom of Clarifers No. 2 &3 at the Water Treatment Plant. This request is for sixteen hours of rental at $100.00/hr for a not to exceed total of $1,600.00. Final amount will be based on actual usage of machine up to sixteen hours. This process is a periodic maintenance item for the Water Treatment Plant. Funding Source is 441-5122- 536-34.90 (WTP Other Contracted Services) for $1,600.00. cc: Don Haley, Water Treatment Plant Manager file: 95-031 (E) file: s/eng/eng/proj/9531/official/agdmemo, doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Three (3) PROJECT NO. 95-031 DATE: PROJECT TITLE: BARRIER ISLAND PUMP STATIONS TO CONTRACTOR: MURRAY LOGAN CONSTRUCTION YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: 1) Provide installation of drainage at Morikami Park per attached quotation dated 4/17/97 for a lump sum price of $11,500.00. 2) Equipment rental of truck crane with clambucket at Water Treatment Plant Clarifiers No. 2 & 3. Estimated 16 hours of rental with operator at $100.00/hr for a total of $1,600.00. Final invoice will be based on total hours utilized not exceeding 16 hours based on signed rental tickets SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $947,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $52,452.83 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CH3tNGE ORDER $999,452.83 COST OF CONSTRUCTION CHANGES THIS ORDER $13,100.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,102,552.83 PER CENT INCREASE/DECREASE THIS CHANGE ORDER +1.4% TOTAL PER CENT INCREASE /DECREASE TO DATE +6.9% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. for Murray Logan Construction, Inc. (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 440-5179-536-63.61 Morikami Park Wells for $11,500.00; and 441-5122-536-34.90 (WTP- Other Contracted Services) for $1,600.00. DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: for Environmental Services Jay Alperin, MAYOR ATTEST: APPROVED: By: City Attorney City Clerk k...~95-031kcontractkco3frm.doc ' 313 6~th ~ N~T~ T~LEPHON~ ~ OUOT~T~ON B. Cl~r brazil~ peppers, from work ar~a losi~ material on ~e. D. Install 36" ,41sm R.C.P. x 150' ~s ~pplied by City. lns~l, les. a~te in ~,_ ~,,,,~*~_' ~,,, ~x. ~ ~ City. FOR THE LUMP SUM OF $! 1,$00.00 No~: 2. R.C.P., ~ juaclio~ box, Bate a~d f~h barrier to be supplied by Cit~ of~ mama. ~UV~lll$ SIGNED ACCIFTANCE ~LL CON~?ITU~ A ~N~l~K~ CONTR~C? [ITY JIF DELAflY BEA[H CITY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816 POLICi: Li:GAL ADVISOR MEMORANDUM DATE: April 30, 1997 TO: City Commission FROM: Eric D. Hightower, Police Legal Advisor SUBJECT: Arnold Beizer v. Officer Thomas Judge This case arises out of an incident that occurred at the Exxon Service Station located at 1909 W. Atlantic Avenue on March 16, 1992. The plaintiff has sued the above-named officer for malicious prosecution and conspiracy to commit malicious prosecution. A Florida Highway Trooper has been named as a co-defendant in the lawsuit also. This case has not been scheduled for trial as of this date. Our office has received an offer to settle this case in the amount of $21,000.00 (which excludes all attorney's fees and costs). Currently, the plaintiff has approximately $29,790.00 in legal bills which he is claiming as damages from the malicious prosecution. These legal bills were incurred as a result of the defense he asserted in the criminal prosecution against him. It is recommended by this office that the present offer be rejected by the Commission. While the criminal prosecution against the plaintiff was terminated in his favor, all the evidence present in the instant action demonstrates that our officer acted properly and in good faith that he was performing his duties according to the law. The Commission may wish to consider a counter offer of settlement in this matter. If so, our office will be available to discuss the matter. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the City Commission's May 6, 1997 agenda for consideration. City Commission April 30, 1997 Page 2 Please call if you have any questions. EDH:srnk ~:~ ~2~ cc: David T. Harden, City Manager Susan A. Ruby, City Attorney Alison MacGregor Harty, City Clerk beizer.sar IN THE CIRCUIT COURT OF THE ISTH R~DICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASENO.: CL 95-4631 AF Judge l'loy ARNOLD L. BEIZE~ Plaintiff, V. MICHAEL L. BRINKER smd THOMAS JUDGE, Defendants, BERNARD M. CASS[DY, ESQ. Assistant Attorney General 110 Tower 110 S.E. Sixth Street Ft. Lauderdale, FL 33301 ERIC D. HIGHTOWER, I~SQ. Attorney for T. ]'udge City ofDclray Bettch 300 West Atlantic Avenue Delray Beach, FL 33444 SUSAN A. RUBY', ESQ. Assistant to City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 PLAINT_[_FF*S PROPOSAL FOR SETTLEMENT PURSUANT TO SEC. 768.79~ FLORIDA STATUTKS AND FLORIDA RULI~. _OF CIVIL PROClgDUR[; 1,44~ The Plaintiff, ARNOLD L. BEIZER, pursuant to Rule 1.442, Florida Rule of Civil Procedure, as rule is amended as of January l, 1990, otters to allow .fudgmcnt be entered against the Defendant, THOMAS JUDGE, for all claims asserted by the Plaintitt, ARNOLD L. BEIZER, in connection with the above-captioned ca~, in the total amount of Twenty-One Thousand and 0011o0 ($21,000.00) Dollars. Said offer excludes all costs accmcd to date. This Proposal ~or Settlement shall be deemed to be withdrawn unless accepted within thirty (30) days from receipt hereof. I IlEREli¥ CERTIFY that s, tree and correct copy of the foregoing has been furnished by mail this ~ ''~ day of APRli.,, 1997, to the above-named addressee(s). (3LICK & RETAMAR 2424 North Federal tlighway, Suite 460 Boca Raton, FL 33431 Phone: (561) 391-0448 RICHARD E. RETAMAR~ ESQ. Fla. Bat No.: 856967 £1TY OF DELRAY BEACH Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM 11111~ DATE: Mayl, 1997 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorney~ SUBJECT: Offer of Settlement - Jennifer Lyn Morris v. Ken Young and City of Delray Beach The City Attorney's Office received a $75,000.00 offer of settlement in the above case. This case arose out of the arrest of Ms. Morris by Ken Young, a City police officer. Ms. Morris is claiming that Officer Young used excessive force in arresting Ms. Morris and as a result, her elbow was injured. At this time, the facts of this case have not illustrated any improper actions by Officer Young. There is also a question as to the severity and existence of Ms. Morris' injury. Therefore at this time, the City Attorney's Office could not recommend acceptance of the $75,000.00 settlement offer by Cary Klein, Ms. Morris' attorney. If you have any questions, please call. DNT:srnk cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office Chief Richard Overman, Delray Beach Police Department Eric D. Hightower, Police Legal Advisor Officer Ken Young, Delray Beach Police Department Frank Babin, Risk Manager jmorris.dnt P~,nted cc Re~ Vc ed Piper MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER . SUBJECT: AGENDA ITEM # /~A- REGULAR MEETING OF MAY 6, 1997 SECOND READING/SECOND PUBLIC HEARING FOR ORDINANCE NO. 21-97 (TELECOMMUNICATION TOWERS AND ANTENNAS) DATE: MAY 1, 1997 This is before the Commission for consideration on second reading and a public hearing of an ordinance which amends the Land Development Regulations by adopting regulations and requirements pertaining to the installation, siting and design of telecommunication towers and antennas. The attached staff report contains an analysis of the proposed amendments. The Planning and Zoning Board considered this matter at some length at both regular and workshop meetings. On March 17, 1997, the Board held a public hearing on the ordinance and recommended unanimously that it be approved. At first reading on April 15, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 21-97 on second and final reading. ref:agmemol0 TO: DAVID T. HARDEN CiTY M._ANAGER,-~ FROM: MINGUEZ DIRECTOR OF PLANNING AND Z~NING SUBJECT: CITY COMMISSION MEETING OF APRIL 15, 1997 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) ESTABLISHING SPECIFIC REQUIREMENTS FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS AND ANTENNAS The action requested of the Commission is the adoption of LDR amendments pertaining to the installation of telecommunications towers and antennas. The amendments affect the following sections of the Land Development Regulations: 4.3.3, Special Reo. uirements for Specific Uses; 4.4.9, Gerleral Commerciel (GC) District; 4.4.13. Central Business District (CBD); 4.4.20, Industrial (I) District; 4.4.21, Community_ Facilities (CF) District; 4.4.26, Light Industrial (LI) District; 4.4.27, Open S.Dace and Recreation (OSR) District; and Appendix "A", DEFINITIONS. On February 8, 1996, the 104th Congress of the United States passed the Telecommunications Act of 1996 (Public Law 104-104). The Act addresses many topics including telecommunication services, broadcast services, cable services, regulatory reform, and other miscellaneous provisions. The basic intent of the act was to encourage and allow competition in the telecommunications industry, in part by reducing the amount of existing regulations. One result of the act is that local governments are dealing with numerous requests from new providers to place towers and antennas throughout their jurisdictions. Few governments, including Delray Beach, ha~,e had ordinances in place to appropriately regulate the placement of these facilities. Section 704 of the Act addresses local government zoning of towers used for cellular, PCS (Personal Communications Services) and CMR (Commercial Mobile Radio City Commission Documentation LDR Amendment - Telecommunication Towers and Antennas Page 2 Service) transmitters. The following restrictions apply to any regulation by local government of telecommunication facilities: · Local zoning requirements cannot unreasonably discriminate among wireless telecommunication providers. · Local zoning requirements cannot prohibit or have the affect of prohibiting the provision of wireless telecommunication service. · Municipalities must act on a request to place or construct a wireless telecommunication facility within a reasonable period of time. · Any denial must be in writing and supported by reasonable evidence in a written record before the municipality. · Municipalities cannot deny requests for tower sites based on health concerns regarding radio frequency emissions. As a result of receiving four (4) applications for new telecommunication towers in a two month period, the City Commission on December 10, 1996, enacted a 90-day moratorium on the receipt and processing of any new tower applications. This moratorium was recently extended another 90 days, for a total of six months. The purpose of the moratorium was to allow staff time to draft new regulations governing the placement of towers throughout the City. Those regulations have been drafted, and are now before the City Commission for approval. ' Under the City's current regulations,communication facilities and towers are permitted as a conditional use in the following zoning districts: · General Commercial (GC) · Planned Commercial (PC) · Central Business District (CBD) · Central Business District--Railroad Corridor (CBD-RC) · Community Facilities (CF) · Light Industrial (LI) · Industrial (I) There are no specifications provided as to the placement of the towers, the maximum heights, setbacks, etc. Other than having to make the typical findings associated with a conditional use, there are no guidelines for determining whether or not a tower is City Commission Documentation LDR Amendment -- Telecommunication Towers and Antennas Page 3 appropriate in a particular location. There are no provisions for encouraging the co- location of different providers on the same towers. The main goal of the proposed ordinance is to be able to allow the telecommunication industry to meet the demand for service while minimizing the visual impact of its facilities, particularly to residential areas. The new ordinance includes regulations that are designed to: · Provide a simpler approval process for smaller towers and for antennas that are concealed on buildings and structures. · Restrict larger towers to zoning districts and sites that are not near residential areas. Require that all new towers have the capacity for co-location. · Provide minimum distances between towers and residential zoning districts, and between existing towers and new towers. The ordinance distinguishes between antennas that are on towers, and those that are attached to buildings and structures. Towers are further distinguished in terms of their type (monopole, lattice, and guyed) and height. Antennas are classified as either stealth (concealed) or non-stealth (visible). All of these factors determine where the facilities can be located, and the applicable approval process. The ordinance allows towers that are up to 64 feet in height to be installed as accessory structures in the following zoning districts: Planned Commercial (PC) · Planned Commerce Center (PCC) · Mixed Industrial and Commercial (MIC) · Light Industrial (LI) · Industrial (I) · Community Facilities (CF) · Open Space and Recreation (OSR) [NOTE: The basis for the 64' height is that the LDRs currently permit antennas, as well as radio and television towers, to exceed the height restrictions of the particular zoning district in which they are located, up to a maximum of 64 feet. Greater height than 64' requires City Commission approval.] City Commission Documentation LDR Amendment -- Telecommunication Towers and Antennas Page 4 The proposed ordinance provides that towers which exceed 64' in height are allowed as a conditional use in the following zoning districts: · Planned Commerce Center (PCC) · Mixed Industrial and Commercial (MIC) · Light Industrial (LI) · Industrial (I) · Community Facilities (CF) - on sites greater than 10 acres in size · Open Space and Recreation (OSR) - on sites greater than 10 acres in size In addition, there are four sites in the City that have been identified as being appropriate locations for telecommunication towers, based on their size, existing use, and central locations, as well as the opportunities they provide for concealing a tower from residential areas. On these four locations, towers could be installed as a permitted accessory use: · Miller Park · Municipal Golf Course (Highland Ave.) · Public Works Complex · Wastewater Treatment Facility (Congress Ave.) Numerous development standards and criteria are provided for tower installation. The height could not exceed 125' unless additional height is needed for colocation or to meet public safety needs. Towers must be separated by at least 1,000 feet from each other. Monopole towers must be set back from residential areas by a distance that is 200% of the pole height; lattice and guyed towers must be set back 400% of their height. Screening requirements are spelled out, and minimum inspection procedures are established. Provisions are made for the treatment of existing and abandoned towers, and for the use of City-owned property for telecommunication facilities. Provisions for co-location are also spelled out in the proposed regulations. The ordinance provides that stealth antennas attached to buildings and structures are allowed in almost all zoning districts, excluding the lower density residential zones and the OS (Open Space) district. Non-stealth antennas are further restricted, and will require approval by the Site Plan Review and Appearance Board (SPRAB). All of the above provisions will be contained in one section, 4.3.3 (S), Teleco. rnmunication Towers and Antennas. However, it will also be necessary to delete existing references to communication towers and facilities from a number of zoning districts where they are currently listed. In addition, the OSR district contains language stating that there are no conditional uses permitted. The telecommunication ordinance proposes to allow towers as conditional uses on OSR-zoned sites greater City Commission Documentation LDR Amendment -- TelecommLtnication Towers and Antennas Page 5 than 10 acres in size (which will exclude neighborhood parks). In order to be consistent, the current language in the OSR district regulations regarding the prohibition against conditional uses should be eliminated. The Planning and Zoning Board initially considered the LDR amendments at its meeting on February 24, 1997. They had numerous questions and comments, and decided to hold a workshop to review the ordinance in detail. The workshop was held on March 10th, and was attended both by members of the public and the telecommunications industry. The Board made several modifications, including limiting the maximum height of towers to 125' (unless additional height is necessary for colocation or public safety needs), and specifying requirements for line-of-sight analyses. On March 17, 1997, the Board held a public hearing on the ordinance, and recommended unanimously that it be approved. Following the Board's consideration, staff made certain changes to ensure consistency between the various sections of the ordinance. All of the waiver provisions were moved to one section, the line of sight analysis requirements were clarified, and reference was made to the required findings for conditional use approval. I By motion, approve the amendments to the LDRs, adding Section 4.3.3(S), Telecommunications Towers and Antennas, and amending Sections 4.4.9, General Commercial (GC) District; 4.4.13. Central Business District (CBD); 4.4.20, Industrial (I) District; 4.4.21, Community_ Facilities (CF) District; 4.4.26, Light Industrial (LI) District; 4.4.27, Open Space and Recreation (OSR) District; and Appendix "A" DEFINITIONS; as provided in the attached ordinance. Attachment: · Ordinance by others ORDINAI~CE NO. 21-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, kMENDING SECTIONS 4.4.9(D) (7), 4.4.13(D) (6), 4.4.20(D) (3), 4.4.21(D) (5), 4.4.26(D) (2), AND 4.4.27(D) , "CONDITIONAL USES AND STRUCTURES ALLOWED", OF LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE DELETION OF COMMUNICATION AND TRANSMISSION FACILITIES/TOWERS AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC), CENTRAL BUSINESS (CBD) DISTRICT, INDUSTRIAL (I), COMMI/NITY FACILITIES (CF), LIGHT INDUSTRIAL (LI), AND OPEN SPACE AND RECREATION (OSR) ZONING DISTRICTS; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3(S), "TELECOMMUNICATION TOWERS ~ ANTENNAS", TO PROVIDE FOR REGULATIONS ESTABLISHING FREESTANDING TELECOMMUNICATION TOWERS AS A PERMITTED USE IN THE PLAN-NED COMMERCIAL (PC), PLAA/NED COMMERCE CENTER (PCC), MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE AND RECREATION (OSR), ~ COMMUNITY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM HEIGHT OF 64 FEET, OR AS A CONDITIONAL USE IN THE PLANNED COMMERCE CENTER (PCC), MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE ~ RECREATION (OSR), AND COMMUNITY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM HEIGHT GREATER THAN 64 FEET; TO PROVIDE FOR DEVELOPMENT STANDARDS AND CRITERIA, APPLICATION REQUIREMENTS, INSPECTIONS, CO-LOCATION REQUIREMENTS, USE OF CITY-OWNED PROPERTY FOR TELECOMMUNICATION FACILITIES, REVIEW AI~D APPROVAL PROCESS, AND WAIVERS TO LOCATION, HEIGHT, A/VD CO-LOCATION REQUIREMENTS BASED ON FINDINGS MADE BY THE CITY COMMISSION; TO PROVIDE FOR REGULATIONS GOVERNING EXISTING TOWERS, ABANDONED TOWERS ~ ANTENNAS NOT LOCATED ON TELECOMMUNICATION TOWERS; AMENDING APPENDIX A, "DEFINITIONS", TO PROVIDE DEFINITIONS FOR THE TERMS FACILITY" , "TELECOM~CJNI CATION TOWER" , ~ "WHIP ANTENNA"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, recent changes in State and Federal law regarding wireless communication technology has resulted in an increased demand for the construction of telecommunication towers; and WHEREAS, the City Commission of the City of Delray Beach has determined that it is in the best interest of the citizens of the City of Delray Beach to impose controls on the location of telecommunication towers and antennas in a manner which balances the needs of the telecommunication industry with the needs of consumers of telecommunication services and with the interests of the general public for development standards which address aesthetic issues associated with telecommunication towers and antennas; and WHEREAS, the City Commission of the City of Delray Beach has determined that regulations and requirements for accessory uses and structures associated with telecommunication towers and antennas should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to delete the following: (D) Conditional Uses and Structures Allowed: Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to delete the following: (D) Conditional Uses and Structures A/lowed: - 2 - Ord. No. 21-97 Section 3. That Chapter Four, "Zoning Regulations" Article 4.4, "Base Zoning District", Section 4.4.20, "Industrial (Ii District" Subsection 4.4.20(D), "Conditional Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to delete the following: (D) Conditional Uses and Structures Permitted: (3) Section 4. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: (5) Special Services and Facilities, such as: privately operated parking lots and garages; stadiums and arenas; refuse transfer stations; and power transfer stations~//~/~~~/~~/ Section 5. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zonin~ District", Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to delete the following: (D) Conditional Uses and Structures Allowed: Section 6. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.27, "Open Space and Recreation (OAR) District", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to delete Subsection 4.4.27(D), "Conditional Uses and Structures Allowed", in its entirety. Section 7. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended by enacting a new Subsection 4.3.3(S), "Telecommunication Towers and Antennas", to read as follows: - 3 - Ord. No. 21-97 (S) Teleco~..~nication Towers and Antennas: (1) Purpose and Intent: The requlations and requirements of this section are intended to: (a) Promote the health, safety and general welfare of the citizenry; (b) Provide for the appropriate location and development of telecommunication towers and antennas within the City; (c) Minimize adverse visual impacts of telecommunication towers and antennas throuqh careful desiqn, sitinq, and screeninq .criteria; (d) Avoid potential damaqe to adjacent properties from tower failure throuqh enqineerinq and careful sitinq of tower structures; and (e) Protect residential areas and land uses from potential adverse impacts of telecommunication towers and antennas by maximizinq use of any new or existinq telecommunication towers throuqh shared use, i.e., co-location, to reduce the number of towers. (2) Freestandinq Teleco,,.,,~nication Towers: Freestandinq telecommunication towers are permitted as follows: (~) Monopole towers havinq a maximum heiqht of 64 feet are a permitted use in the followinq zoninq districts: 1. Planned Commercial (PC) 2. Planned Commerce Center (PCC) 37 Mixed Industrial and Commercial District (MIC) 4. Liqht Industrial (LI) 5. Industrial (I) 6. Open Space and Recreation (OSR) 7. Community Facilities (CF) (b) Monopole towers havinq a maximum heiqht qre~ter than 64 feet may be permitted as a conditional use in the followinq zoninq districts: - 4 - Ord. No. 21-97 1. Planned Commerce Center (PCC) 2. Mixed Industrial and Commercial District (MIC) 3. Light Industrial (LI) 4. Industrial 5. Open .Space and Recreation (OSR) (on sites greater than 10 acres in size) 6. Community Facilities (CF) (on sites greater than 10 acres in size) (c) Notwithstanding the above listed requirements, monopole towers greater than 64 feet in height are a permitted use when located on the public properties listed below. Towers that are to be located on these properties are not subject to the minimum separation requirement between towers. Towers shall be located so as to create the least potential visual impact on adjacent rights-of-way and residential areas. 1. Miller Park, 1905 S.W. 4th Avenue 2. Delray Beach Municipal Golf Course, 2200 Highland Avenue 3. Public Works Complex, 434 South Swinton Avenue 4. South Central Regional Wastewater Treatment Facility,. 1801 N. Congress Avenue (d). Lattice and guyed towers may be permitted as a conditional use in the following zoning districts: 1. Community Facilities (CF) (on sites greater than 10 acres in size) 2. Industrial (e) Development Standards and Criteria: 1.,, Height: a. Tower height shall not exceed 125 feet unless a waiver is granted pursuant to subsection 4.3.3(S) (7). b. Tower height is to be measured from the crown of the road of the nearest public right-of-way. The measurement of the tower height shall include any apparatus that extends above the tower structure, with the following exceptions: - 5 - Ord. No. 21-97 (1) Lightinq rods, . safety liqhtinq, and any other apparatus required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) to ensure the safe operation of the facility. (2) Whip antennas not exceedinq 6 inches in diameter may extend 10 feet above the heiqht of the tower structure. 2. Setbacks: a. Towers shall be located a minimum of fifty (50) feet from any existing or proposed public street riqht-of-way line. b. The minimum distance between a monopole tower and the nearest property line of a residential zoninq district shall be equal to 200% of the heiqht of the tower. c. The minimum distance between a lattice or quyed tower and the nearest property ~ine ~of a residential zoning district shall be equal to 400% of the heiqht of the tower. d. Monopole, lattice, or quyed telecommunication towers shall not be located within one thousand (1,000) feet of any existinq monopole, lattice, or quyed telecommunication tower. e. Equipment buildinqs and other structures associated with a telecommunication tower shall conform to the setbacks established for the underlyinq zoninq district. - 6 - Ord. No. 21-97 Bufferinq Requirements: a. An eiqht foot hiqh fence or wall shall be constructed around the base of a telecommunication tower. The fence or wall shall be screened in accordance with LDR Section 4.6.5. b. Accessory equipment and structures shall be screened in accordance with Section 4.4.16. c. Landscapinq may be required around anchors or supports, as well as around the perimeter of the site on which the tower is located, in order to enhance compatibility with adjacent properties. 4. Hiqh Voltaqe and "No Trespassinq" Warninq Siqns: If hiqh voltaqe is necessary for the operation of the telecommunication tower or any accessory structures, "HIGH VOLTAGE - DANGER" warninq siqns shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart. b. "NO TRESPASSING" warninq signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart. c. The letters for the above described siqns shall be at least six (6) inches in heiqht. The two warninq siqns may be combined into one siqn. Warninq signs shall be installed at least five (5} feet above the finished qrade of the fence. - 7 - Ord. No. 21-97 d. Where the warning signs could be obscured by landscaping, they may be installed on free standing poles, at least five (5) feet above the finished grade. 5. Si?n~ and Advertisinq: The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, etc. is strictly prohibited. 6. Color: Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers, telecommunication towers shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray. 7. Lighting: Artificial tower lighting shall be limited to mandatory safety lighting required by county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers. Security lighting around the base of a tower may be provided if such lightinq conforms with the requirements of Section 4.6.8. 8. Hazardous Materials: Review and approval by the Fire Marshal is reguired where telecommunication towers are proposed within two hundred feet of a.. proposed or existing principal use which includes the storage, distribution, or sale of volatile, flammable, explosive, or hazardous wastes such as LP gas, propane, qasoline, natural gas, and corrosive or dangerous chemicals, unless such materials are used for backup power purposes. - 8 - Ord. No. 21-97 9. Equipment Storage: Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the tower are being made. (f~ Required Information: Ail applications for telecommunication towers shall contain the following information: 1. Standard application items pursuant to 2.4.3 (A) . 2.. Site plan showing the location, dimensions, and elevations of the tower and accessory structures. 3. An aerial photograph produced at a scale of not less than one inch equals 300 feet (1"=300') indicating all residential land uses and all existing telecommunication towers located within 1,500 feet of the proposed tower. Landscape plan pursuant to 4.4.16. A statement prepared by a professional registered engineer licensed to practice in the State of Florida, which through rational engineering analysis certifies the tower's compliance with applicable standards as set forth in the Standard Building Code, and any associated regulations; and describes the tower's capacity, including an example of the number and type of antennas it can accommodate. For all towers attached to existing structures, the statement shall include a certification that the structure can support the load superimposed from the tower. Verification that the telecommunication tower and antenna is in compliance with Federal Aviation Administration (FAA) regulations. - 9 - Ord. No. 21-97 7. Written approval or a statement of no objection from other federal or state aqencies that may requlate telecommunication tower sitinq, desiqn, and construction. 8. Verification that the facility has been licensed by the Federal COmmunications Commission (FCC}. 9. A certified statement that the construction and placement of the tower will not unnecessarily interfere with public safety communications and the usual and customary transmission or reception of radio and television service enjoyed by adjacent residential and nonresidential properties. A statement shall be prepared by a radio frequency enqineer identifyinq any interference that may result from the proposed construction and placement. 10. A line of siqht analysis shall be required to assess the tower's visual impact on residential areas. Such analysis shall include a visual ~epresentation of the tower on the site, and an illustration of its impact when viewed from at least three (3) ~pecific points within a 1,000 foot radius of the proposed tower location. The exact location of the points to be included in the analysis shall be coordinated with Planninq and Zoninq Department staff. (g) Inspections: 1. The owner of a telecommunication tower shall have the tower periodically inspected for structural and electrical inteqrity by an enqineer licensed to practice in the State of Florida, in accordance with the followinq schedule: - 10 ~ Ord. No. 21-97 a. Monopole: at least once every five (5) years b. Self-support lattice: at least once every two (2) years c. Guyed: at least once every two (2) years 2. Inspections may be required on a more frequent basis if there is reason to believe that the structural or electrical inteqrity of the tower is jeopardized. 3. Reports detailinq the results of the inspections shall be submitted to the Chief Buildinq Official. Based upon the results of an inspection, the Chief Buildinq Official may require repair or removal of a telecommunication tower. 4. The City Commission may approve an alternative inspection proqram when the Chief Buildinq Official has determined that the alternative proqram is sufficient to ensure the safety of the facility. 5. The City may conduct its own periodic inspections of a telecommunication tower to ensure its structural or electrical inteqrity. (h) Existinq Towers: 1. Notwithstandinq the above provisions of this section, whip and panel type telecommunication antennas may be placed on existinq towers with sufficient loading capacity after approval by the Chief Buildinq Official. Any other type of antenna requires a modification of the conditional use approval. The loadinq capacity of a tower shall be certified by an enqineer licensed to practice in the State of Florida. - 11 - Ord. No. 21-97 2. Notwithstanding the provisions of this section, towers in existence as of May 6, 1997, may be replaced with a tower of equal or less visual impact upon approval by the Planning and Zoning Director, provided that the following criteria are met: a. The tower meets the minimum requirements of this section; or b. The tower received conditional use approval prior to May 6, 1997. Replacement of existing towers which do not meet the above specified criteria may be approved by the City Commission as a new conditional use. (i) Abandoned Towers: 1. A tower shall be considered abandoned if its use for telecommunication service has been discontinued for one hundred eiqhty (180) consecutive days. All abandoned or unused telecommunication tower facilities shall be removed by the tower owner/operator within ninety (90) days of abandonment. 2. Where a tower is abandoned but not removed within the specified time frame, the City may remove or demolish the tower and place a lien on the property followinq the procedures (but not the criteria) for demolition of unsafe buildinGs/structures contained in Article 7.8 of the LDRs, Unsafe BuildinGs or Structures. Telecommunication towers being utilized for other purposes, includinq but not limited to light standards and power poles, may be exempt from this provision. - 12 - Ord. No. 21-97 (3) Antennas Not Located on Teleco...unication Towers: (a) Non-stealth and stealth antennas mounted on rooftops, buildings, or other structures which constitute a principal use, are a permitted use in the following zoning districts, subject to the limitations and requirements contained herein: 1. Medium Density Residential (RM) 2. General Commercial (GC) 3. Central Business District (CBD) 4. Central Business District--Railroad Corridor (CBD-RC} 5. Automotive Commercial (AC) 6. Planned Commercial (PC) 7. Resort/Tourism (RT) 8. Planned Office Center (POC) 9. Professional and Office District (POD) 10. Planned Commerce Center (PCC) 11. Mixed Industrial and Commercial (MIC) 12. Industrial (I) 13. Light Industrial (LI) 14. Community Facilities (CF) 15. Open Space and Recreation (OSR) (b) Non-StealthAntennas: 1. Shall only be permitted on buildings or structures which are at least fifty (50) feet tall. Antennas may be placed on buildings or structures less than fifty (50) feet tall in the CF or OSR zoning districts if public safety needs warrant the antenna. 2. Shall be placed in a manner so as to minimize the visual impact of the antenna on adjacent properties, and shall be of a color which matches the exterior of the building or structure upon which it is situated. 3. May not extend more than ten (10) feet above the highest point of the roof or structure. Antennas may exceed this maximum height in the CF or OSR zoning districts if public safety needs warrant the antenna. - 13 - Ord. No. 21-97 4. Shall be accompanied by a statement which demonstrates in a technical manner why a stealth antenna cannot be used for the particular application. 5. Require approval by the Site Plan Review and Appearance Board. (c) Stealth Antennas: 1. May extend up to twenty (20) feet above the hiqhest point of the roof or structure. If a qreater heiqht is necessary, the antenna must be approved by the Site Plan Review and Appearance Board. 2. Requires approval by the Director of Planninq and Zoninq to ensure that the antenna is consistent with the definition of a stealth facility. (d) Requirements and Standards: 1. Each application shall contain a renderinq or photoqraph of the antenna includinq, but not limited to, colors and screeninq devices. 2. No commercial advertisinq shall be allowed on an antenna or on the screeninq devices or elements. 3. The antenna must be in compliance with FAA requirements. No signals, liqhts or illumination shall be permitted on an antenna unless required by the FCC or FAA. 4. Any related unmanned equipment buildinq shall not contain more than 750 square feet of qross floor area or be more than twelve (12) feet in heiqht; and 5. If the equipment buildinq is located on the roof of the buildinq, the area of the equipment buildinq shall not occupy more than twenty-five percent (25%) of the roof area. - 14 - Ord. No. 21-97 6. An antenna proposed for location on a structure or site that is listed on the local or national register of historic places, or is located within a desiqnated historic district, may be denied if the antenna creates an adverse impact on the historic character of the structure, site or district. (4) Co-location: (a) In order to minimize adverse visual impacts associated with a proliferation of towers, co-location of communication antennas by more than one provider on existing or new telecommunication towers shall take precedence over the construction of new single use telecommunication towers. An application for a new tower that is greater than 64 feet in height shall not be approved unless it can be demonstrated by the applicant that there is a need for the new tower which cannot be met by placing the antenna on an existing tower. Accordingly, the followinq requirements apply to each application for a new telecommunication tower that is greater than 64 feet in height. 1. All new telecommunication towers shall be constructed so as to have the capacity to permit multiple uses. Monopole towers shall be able to accommodate a minimum of two (2) users, and lattice or guyed towers shall be able to accommodate a minimum of three (3) users. 2. All applications for new telecommunication towers shall include a written analysis of the feasibility of sharing any existing telecommunication tower located within a half-mile radius of the proposed tower site. The analysis shall consider the following factors: a. Availability of existing towers for co-location. b. Structural capacity of existing tower or towers. c. Geographic service area requirements. - 15 - Ord. No. 21-97 d. Radio frequency interference. e. Mechanical or electrical incompatibility. f. Restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower. ~. Any other information that would demonstrate the need for the new tower. 3. An existinq telecommunication tower that is determined to be inappropriate for sharinq shall be assumed to be inappropriate for sharinq the same types of facilities in the future. Such towers will not need to be evaluated in the future reqardinq sharinq with the same type of facility for which it has been determined to be inappropriate. The Planninq and Zoninq Department shall retain a list of such towers and will provide a copy of the list to all potential applicants. The City may require additional sharinq feasibility evaluations if warranted by chanqes in technoloqy. 4. A requirement to allow co-location will be a condition of approval for all new towers. This requirement will be deemed to have been met if the facility owner shows that it has executed a joint use aqreement with at least one other unaffiliated entity for shared use, and aqrees to offer the same contract to others. In other cases, the facility owner must provide a statement of intent to offer space on the tower on fair, reasonable, nondiscriminatory terms, at fair market value, and to neqotiate leases promptly and without undue delay. A condition of any permit for a new telecommunication tower shall be that the permit shall be terminated, and the facility removed, if the City finds that the facility owner is not complyinq with its obliqations under this section. - 16 - Ord. No. 21-97 5. For any telecommunication tower approved for shared use, the owner of the tower shall send a written notice to all potential users of the new tower, informinq them of the opportunity for co-location, and includinq information on the tower's location and load capacity. Copies of the notice letters shall be provided to the City at the time that the application is filed. The list of potential users shall be provided by the Planninq and Zoninq Department. 6. The City may deny an application if an available co-location is feasible and the application is not for such co-location. 7. The requirement for a new tower to provide for co-location, and the applicable provisions of this subsection, may be waived pursuant to the requirements and findinqs stipulated in subsection 4.3.3(S) (7/. (5) Use of City-Owned Property for Teleco,,,~unication Facilities: (a) No municipally-owned property may be used without a lease aqreement with the City. The City shall authorize the application and use of City property after the applicant executes a lease aqreement that is acceptable to the City. The City shall have no obliqation whatsoever to execute such lease even if the applicant can meet the criteria set forth in this section. (b) The City may, as appropriate, to protect its property and the public interest, establish additional requirements beyond the minimum requirements of this section for facilities located on municipally-owned property. (c) The City may issue letters of interest for the ~purposes of leasinq sites on desiqnated City property for the construction and installation of personal wireless service facilities. The City will encouraqe the installation of facilities which have a minimal impact on the surroundinq areas and are consistent with the development of the public property on which the facility is located. - 17 - Ord. No. 21-97 (6) Review and Approval Process: (a) The City shall process all applications for telecommunication towers and antennas in a timely manner and in accordance with established procedures. The reason for the rejection or denial of any application filed in accordance with the provisions of this section shall be set forth in writing. (b) All conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). In addition to the requirements of that section, the following finding must be made in connection with a conditional use approval for a new communication tower: That the visual impact of the tower has been minimized to the greatest extent possible through careful design, siting, and screening. (7) Waivers: (a) The City Commission may waive the requirements of this section pursuant to the authority granted in Section 2.4.7(B). In addition to the reguirements and standards specified in that section, the following findings which are applicable to the nature of the waiver must be made: !. Waiver of Locational Restrictions. Finding: That approval of the waiver will allow for the construction of a facility at a location that is more appropriate than sites which comply with the zoning and separation requirements, based upon factors such as its distance from residential uses, existence of permanent screening or buffers, and location within a large-scale non-residential area. 2. Waiver of Height Restrictions. At least one of the following findings must be made: - 18 - Ord. No. 21-97 a. That a heiqht qreater than 125 feet is necessary to accommodate co-location by another provider, and it has been illustrated throuqh a line of siqht analysis that the additional heiqht will not siqnificantly impact residential neighborhoods. Waivers qranted pursuant to this provision shall not allow heiqhts in excess of 150 feet. b. That a heiqht qreater than 125 feet is required to meet public safety needs. 3. Waiver of Co-location Requirements: Findinq: That it has been specifically demonstrated throuqh data and analysis that co-location is not feasible because of factors such as site constraints, radio frequency /RF) interference, qeoqraphic service area incompatibilities, mechanical or electrical incompatibilities, or similar circumstances. Section 8. That Appendix A, "Definitions", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended by enacting definitions for the following terms, to read as follows: ANTENNA: A transmitting and/or receivinq device used for personal wireless services that radiates or captures electromaqnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, but excluding radar antennas, amateur radio antennas, and satellite dish antennas. GUYED TOWER: A telecommunication tower that is supported, in whole or in Dart, by guy wires and qround anchors. MONOPOLE TOWER: A telecommunication tower consistinq of a sinqle Dole or ..spire self supported by a permanent foundation, constructed without quy wires and qround anchors. PANEL ANTENNA: An array of antennas desiqned to concentrate a radio siqnal in a particular area. - 19 - Ord. No. 21-97 SELF-SUPPORT/LATTICE TOWER: A telecommunication tower that is constructed without quy wires and qround anchors. STEALTH FACILITY: Any telecommunication facility which is designed to blend into the surroundinq environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, antennas inteqrated into architectural elements, and telecommunication towers desiqned to look like liqht poles, power poles, or trees. TELECOMMUNICATION TOWER: A quyed, monopole, or self-support/lattice tower, constructed as a free-standinq structure, containinq one or more antennas used in the provision of personal wireless services. WHIP ANTENNA: A cylindrical antenna that transmits siqnals in 360 deqrees. Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 11. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Sec6nd Reading - 20 - Ord. No. 21-97 MEMORANDUM TO: Mayor and City Commissioners FROM: Alison MacGregor Harry, City Clerk~~;~- SUBJECT: Request for Removal from Aqenda DATE: May 5, 1997 The attached letter from Fine Construction Co. pertains to Item 12.A. (First Reading for Ordinance No. 22-97) on the agenda for the May 6th regular meeting. It is provided for your information prior to the meeting. AMH/m Attachment --RECEIVED CITY CLERK CONSTRUCTION CO, llivision of Fine Realty and Construction Corp. To: D~,~ne Dominguez Ci.*,:y of Delray Beach ]?m: i;].if ford Fine ¥ !"~c e Zablk Pi ,e (:t~ngtructfor, Re: Re.-:cntng Request for 3441 c)ld Germantowu Rd Thi~ wi!;. serve to notify you ~ha; we (Flue Construction) %'o;;1d !il~ t'o be removed from the agenda for the Council. Meeting ~;cheduled for May 6, 1997 at 6:00 p,m.. We were not:if'led :his morning of the meeting and this does not giw> ~$ .~mplle tt~e to prepar~ a,~ we are neeki~g legal counsel, in this matter. Plt,:~ae (:;~}.]. if you have amy que~;tions.' ~ank you. 505 N.E. Brd Street · Delray Beach, Florida 83483-5501 ion Corner o[ Sou. th F~.~fera! Highway & N.E. 3rd St., Downtown Delray - (561) 637-9296 ' Fax (561) 637-361.8 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #/~- REGI/LAR MEETING OF MAY 6, 1997 FIRST READING FOR ORDINANCE NO. 23-97 (LDR TEXT AMENDMENT TO ELIMINATE CONFLICTING LANGUAGE WHICH REQUIRES PLATTING TO SEPARATELY CONVEY DUPLEX 1/NITS) DATE: MAY 2, 1997 This is first reading for Ordinance No. 23-97 which amends Section 4.3.4, "Base District Development Standards", of the Land Development Regulations to eliminate conflicting language requiring platting to separately convey duplex units. In addition, the reference to a "party wall" is being replaced by "two hour or more fire rated tenant separation wall" to conform with Standard Building Code requirements. This is a housekeeping ordinance. The Planning and Zoning Board considered the amendments at a public hearing on April 28, 1997, and voted unanimously to recommend approval. Recommend approval of Ordinance No. 23-97 on first reading. If passed, a public hearing will be scheduled for May 20, 1997. ref:agmemoll ORDINANCE NO. 23-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTIONS 4.3.4(B), "LOT AREA", AND 4.3.4(I), "DENSITY'~, OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO DELETE LANGUAGE WHICH REQUIRES PLATTING TO SEPARATELY CONVEY DUPLEX UNITS, AND CLARIFYING THAT A COMMONLY OWNED DUPLEX STRUCTURE CANNOT BE SUBDIVIDED INTO SEPARATE OWNERSHIP UNLESS A TWO HOUR FIRE RATED TENANT SEPARATION WALL IS PROVIDED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at a public hearing on April 28, 1997, and forwarded the changes with a unanimous recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the amendments are consistent with and further the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(B), "Lot Area", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Lot Area: The area contained within the perimeter of the lot upon which the use is to be located. (1) Said area shall be calculated prior to dedication of additional land for right-of-way purposes or for dedication as a lake management tract. The lot area described in the matrix is the minimum lot area which is required for the establishment of use. (2) Notwithstanding the above, the lot area for a duplex which is to be held in separate ownership may be reduced to a minimum of 4,000 square feet per lot when ~6/~~/~I~ a two hour or more fire rated tenant separation wall becomes the basis for the separation of lots. ~/~~/~/~/~~/~/~~/~ (3) Minimum lot areas do not need to be provided for individual ownerships within condominium and townhome developments; or for lots which are platted as tracts for specific purposes other than residential or commercial development. Section 2. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(I), "Density", subparagraph 4.3.4(I)(3), "Duplexes", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (3) Duplexes: (a) A duplex on a single lot is allowed, regardless of the provisions of Subsection (2), provided that the minimum lot size for the zone district is met and provided that the use, a duplex, is allowed. (b) On a platted lot, where duplexes are permitted, and where the lot has at least 8,000 sq.ft., and where there is a ~/~ two hour or more fire rated tenant separation wall separating the duplex units, each unit together with approximately one-half the lot may be conveyed, providing that each portion of the lot contains not less than 4,000 sq.ft, and the dividing line runs through the ~ separation wall. ~/~I~ Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. - 2 - Ord. No. 23-97 Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 23-97 TO: DAVID T. HARDEN CITY MANAGER THRU: DIANE DOMINGUEZ~, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: PAUL DORLING, p~INCIPAL PLANNER SUBJECT: MEETING OF MAY 6, 1997 AMENDMENT TO LDR SECTION 4.3.4 (BASE DISTRICT REQUIREMENTS) TO ELIMINATE CONFLICTING LANGUAGE WHICH REQUIRES PLATTING TO SEPARATELY CONVEY DUPLEX UNITS. The item before the City Commission is that of approval of LDR amendments to LDR Section 4.3.4 to eliminate conflicting language requiring platting to separately convey duplex units. On September 5, 1995 City Commission passed Ordinance No. 46-95 which revised Chapter 5 (Subdivision Regulations) of the Land Development Regulations (LDR's) and established exemptions from platting for certain types of developments. This exemption section [LDR section 5.1.4(B)] states that "A duplex or triplex residence on an existing street, requiring no extension of water and sewer services" is exempt from the platting procedure. In reviewing the LDR's it was discovered that Section 4.3.4(B)(2) and 4.3.4(I)(3)(b) conflict with the newly established exemption. Both of the aforementioned sections contain specific language which require the conveyance of individual ownership in an existing duplex through the platting process. The amendments also modify language referring to the "common wall" and ~party wall" by replacing these references with a "two hour fire rated tenant separation wall". Under the Standard Building Code a duplex structure of common ownership requires a one hour fire rated wall while a duplex structure under separate ownership requires a minimum of a two hour fire wall. This language change will clarify that a commonly owned duplex structure cannot be subdivided into separate ownership unless a two hour fire rated tenant separation wall was provided with initial construction, or the structure is retrofitted with a two hour fire rated separation wall. City Commission DocumentatiOn Amendment to LDR Section 4.3.4 (Base District Requirements) to Eliminate Conflicting Language which Requires Platting to Separately Convey Duplex Units Page 2 The Planning and Zoning Board considered the amendments at a public hearing on April 28, 1997. No one from the public spoke in support or against the request. The Board recommended approval of the amendments on a unanimous 7-0 vote. By motion, approve the attached amendments to LDR Sections 4.3.4(B)(2) and 4.3.4(I)(3)(b). Attachments: · LDR Amendment to Sections 4.3.4(B)(2) and 4.3.4(I)(3)(b) Section 4.3.4 Base District Development Standards: (A) General: The following standards are provided in order to fulfill those purpose statements found in Section 4.1.1 which pertain to determination and regulation of area, size, bulk, height, and other physical aspects of development. Standards for the following items are applicable to all zoning districts in the manner set forth in Subsection (K). The basis for measurement or calculation of those standards are set forth below as are provisions for exceptions. (B) Lot Area: The area contained within the perimeter of the lot upon which the use is to be located. (1) Said area shall be calculated prior to dedication of additional land for right-of-way purposes or for dedication as a lake management tract. The lot area described in the matrix is the minimum lot area which is required for the establishment of use. (2) Notwithstanding the above, the lot area for a duplex which is to be held in separate ownership may be reduced to a minimum of 4,000 square feet per lot when !~ .commc,-, ';;all a two hour or more fire rated tenant separation wall becomes the basis for the separation of lots A ............ ~,.,, ,~,; ......... ~ ..... >~,....~ ,,, ~.... (3) Minimum lot areas do not need to be provided for individual ownerships within condominium and townhome developments; or for lots which are platted as tracts for specific purposes other than residential or commercial development. Section 4.3.4. (I) (I) Density: (1) Defined: Density is the calculation of the number of residential dwelling units allowed per gross acre of the land to be developed. The approved density for any project may be less than that defined as the maximum in that a project is reviewed in its totality and, in addition to meeting density requirements, it must comply with all other provisions of these regulations. (2) Calculation of Unit Count: The allowable unit count is determined by the maximum number shown for the base zoning district as reflected in the Matrix [Section 4.3.4(K)]. This number is multiplied times the lot area expressed in acres and rounded to one-hundredth of an acre. When a fraction exists,~ it shall be rounded down. (3) Duplexes: (a) A duplex on a single lot is allowed, regardless of the provisions of Subsection (2), provided that the minimum lot size for the zone district is met and provided that the use, a duplex, is allowed. (b) On a platted lot, where duplexes are permitted, and where the lot has at least 8,000 sq. ft., and where there is a pa~ wa~ two hour or more fire rated tenant separation wall separating the duplex units, each unit together with approximately one-half the lot may be conveyed, providing that each portion of the lot contains not less than 4,000 sq.ft., and the dividing line runs through the separation